D'Onofrio v. Safeco Insurance

Lazer, J.,

dissents and votes to affirm the judgment, with the following memorandum: The record establishes that after proper notice of cancellation pursuant to section 313 of the Vehicle and Traffic Law (see Matter of Empire Mut. Ins. Co. v Sash, 46 NY2d 828; cf. Manning v Boston Old Colony Ins. Co., 48 AD2d 838) was mailed to the plaintiffs, the automobile insurance policy in issue was effectively canceled as of May 30, 1973 for nonpayment of a premium amounting to $75.80. Nevertheless, on or about June 6, 1973 plaintiffs mailed defendant a check dated June 4, 1973 for $75, 80 cents short of…