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THOSE CERTAIN v. GRAY

49 A.D.3d 1 (2007)

856 N.Y.S.2d 1

THOSE CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Appellant, v. CATHY GRAY et al., Defendants, and HOOVER CONSTRUCTION, INC., Respondent.

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

November 15, 2007.

Attorney(s) appearing for the Case

Abrams, Gorelick, Friedman & Jacobson, P.C., New York City (Michael E. Gorelick and Allison G. Leff of counsel), for appellant.

Nicoletti Gonson Spinner & Owen LLP, New York City (Jamie T. Packer of counsel), for respondent.

TOM, J.P., and ANDRIAS, J., concur with KAVANAGH, J.; SWEENY and McGUIRE, JJ., concur in a separate opinion by McGUIRE, J.

OPINION OF THE COURT

KAVANAGH, J.

On this record, it cannot be said that plaintiff has established as a matter of law that the 56 days it took it to issue its disclaimer was reasonable. Factual issues abound as to what plaintiff knew about the claim and when it learned it, barring entry of such a judgment.

While much is in dispute, what has been established is that on April 13, 2004, respondent Cathy Gray obtained, through an independent broker,...

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