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WOODHAVEN ASSOCIATES v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

7 A.D.3d 402 (2004)

776 N.Y.S.2d 475

WOODHAVEN ASSOCIATES, Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 18, 2004.

Under the circumstances, there is a question of fact as to whether plaintiff's notice to defendant of the underlying lawsuit was given "as soon as practicable," as was required by the notice provision in the general liability policy issued by defendant to plaintiff (see Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12, 19-20 [1979]). The record discloses that plaintiff, an out-of-possession landlord, was never notified by its tenant...

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