Burr v. Eveready Insurance

Tom and Saxe, JJ.,

dissent in a memorandum by Tom, J., as follows: I respectfully dissent and would affirm. In light of the testimony of the claimant’s attorney that, in accordance with the standard operating procedure in his law office designed to promote error-free posting of insurance claim notices, he duly addressed and timely mailed a notice-of-claim letter to Eveready, the insurer of defendants Lamberti and M. A. Hittner & Sons, a presumption arises that that notice was received (see, Nassau Ins. Co. v Murray, 46 NY2d 828, 829). Eveready’s less than compelling denial of its receipt of…