Hudson Insurance v. Oppenheim

Order, Supreme Court, New York County (Eileen Bransten, J.), entered August 26, 2009, which, insofar as appealed from as limited by the briefs, denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Defendant demonstrated as a matter of law that plaintiffs’ *428notice of the claimed loss was untimely. The subject policy required the insured to provide notice of a loss “[a]t the earliest practicable moment after discovery of [the] loss by the…