Legal Opinion
Great Canal Realty Corp. v. Seneca Insurance Company, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2004PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Debra A. James, J), entered January 7, 2004, which denied defendant’s motion for summary judgment dismissing the complaint, affirmed, without costs.
Ellerin and Catterson, JJ., concur in a memorandum by Catterson, J., as follows: In this declaratory judgment action, the Court is confronted with the validity of the no-prejudice exception in New York whereby an insurer can disclaim coverage without demonstrating prejudice when its disclaimer is based on late notice of an occurrence.
The underlying action in this case involves an accident that occurred on May…
Also in this document: Concurrence.
2Cases cited38 opinions
- Blake v. Neighborhood Housing Services of New York City, Inc.New York Court of Appeals · 2003
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Brakeman v. Potomac Insurance Co.Supreme Court of Pennsylvania · 1977
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
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3Cited by3 opinions
- Allianz Insurance v. OteroDistrict Court, S.D. New York · 2004
- Long Island Lighting Co. v. Allianz Underwriters InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Mt. Hawley Insurance v. Fred A. Nudd Corp.District Court, W.D. New York · 2005