Clute v. Harder Silo Co.

Order insofar as it grants summary judgment dismissing third-party complaint unanimously reversed, with costs and motion denied, and otherwise order affirmed. Memorandum : This appeal is from so much of an order of Special Term which granted a motion by the respondent insurer, the third-party defendant, for summary judgment dismissing the third-party complaint. Respondent claims that it did not receive written notice of the occurrence as soon “ as practicable ” as required by the insurance contract. In September, 1969 appellant built a silo on plaintiff’s farm. After the work was done it was…