Argo Corp. v. Greater New York Mutual Insurance

Order, Supreme Court, New York County (Harold Beeler, J.), entered July 2, 2003, which granted defendant insurer’s motion to dismiss the complaint for failure to give timely notice of the underlying action, unanimously affirmed, with costs.

*265The record demonstrates that the summons and complaint in the underlying action were served on the Secretary of State, who forwarded a copy to the insureds at the same address where the notice of default in that action was admittedly received approximately one year later. Concededly, if received, this was the first notice of the accident to the insureds.…