Indemnity Insurance v. Lamendola

S. Miller, J. P.,

concurs in part and dissents in part, and votes to affirm both orders with the following memorandum: I do not agree with the conclusion of my colleagues that the appellant timely responded to the 90-day notice served upon him by the respondent. Thus, I would affirm the order entered April 8, 1998, which dismissed the appellant’s complaint in Action No. 2.

These actions were instituted in the wake of an automobile accident in Manhattan. The first action was commenced in Nassau County against the owners and operators of the involved vehicles, by the insurer of the owner of a…