Tower Insurance v. Lin Hsin Long Co.

Mazzarelli, J.E, and Andrias, J.,

dissent in part in a memorandum by Andrias, J, as follows: On January 29, 2005, Charlotte Theodoratos slipped and fell near the bottom of the stairs leading to the bathroom in the Hunan Ritz Restaurant and was removed from the restaurant by ambulance on a stretcher, which was enough to trigger the restaurant’s obligation under the subject policy to notify plaintiff insurer of Ms. Theodoratos’s potential claim as soon as practicable (see Zadrima v PSM Ins. Cos., 208 AD2d 529 [1994], lv denied 85 NY2d 807 [1995]). We therefore agree that the restaurant failed to…