426-428 West 46th St. Owners, Inc. v. Greater New York Mutual Insurance

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered July 12, 2004, which denied defendant’s motion to dismiss plaintiffs’ declaratory judgment action challenging defendant insurer’s disclaimer of coverage on the ground that plaintiffs’ notice of claim was untimely, unanimously affirmed, with costs.

There was uncontradicted evidence presented by plaintiffs that although they knew on August 27, 2002 that their tenant had been found lying incapacitated inside her apartment and was brought by ambulance to the hospital, they lacked knowledge that she had sustained severe injuries…