Jamestown Mutual Insurance v. Valentin
New York Supreme Court
1Opinion of the CourtBenedict D. Dineen, J.
This is an action for a declaratory judgment to declare that the plaintiff is under no obligation to its policyholder, one Emilio Valentin, and that it shall not be required to pay any judgment which might be obtained against the said insured by one Brady also a defendant herein. The grounds asserted for such relief arc based upon the fact that no due and timely notice was given to the plaintiff by either the insured or the injured person.
On January 25, 1957, the defendant Brady while crossing a public highway in the city of Yonkers was struck and injured by an automobile owned by the…
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