Benjamin Shapiro Realty Co. v. Agricultural Insurance

—Order, Supreme Court, New York County (Marilyn Shafer, J.), entered December 5, 2000, which, inter alia, in an action arising out of a claim for insurance proceeds, granted plaintiff claimant Shapiro Realty’s cross motion for summary judgment on its cause of action for breach of policy, and granted defendant insurer’s cross motion for summary judgment insofar as to dismiss plaintiffs cause for bad faith claim settlement, unanimously affirmed, with costs.

The motion court properly concluded that insurer Agricultural had waived its defense of lack of timely notice. A notice of disclaimer must…