Castlepoint Insurance v. Mike's Pipe Yard & Building Supply Corp.

The motion court providently exercised its discretion in granting Castlepoint’s motion to renew and reargue its prior motion (see e.g. Mejia v Nanni, 307 AD2d 870 [1st Dept 2003]). Castlepoint correctly argued that Mike’s could not demonstrate the reasonableness of its delay in reporting the accident leading to Haindl’s injury (Paramount Ins. Co. v Rosedale Gardens, 293 AD2d 235, 240 [1st Dept 2002]). Mike’s principal knew of the accident the day it occurred and of the potential for litigation almost immediately thereafter. In addition, the arguments it made in opposition to the initial…