310 EAST 74 LLC plf-ap, v. FIREMAN'S FUND INSURANCE COMPANY d/b/a INTERSTATE INDEMNITY COMPANY, def-res

10038. 310 EAST 74 LLC plf-ap, v. FIREMAN'S FUND INSURANCE COMPANY d/b/a INTERSTATE INDEMNITY COMPANY, def-res — Kornstein Veisz Wexler & Pollard, LLP, New York (Daniel J. Kornstein of counsel), for ap — Rivkin Radler LLP, Uniondale (Merril S. Biscone of counsel), for res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 16, 2012, which granted defendant's motion for summary judgment declaring that defendant has no duty to defend or indemnify plaintiffs in an underlying personal injury action or to reimburse them for attorneys' fees in defense of that action, and denied plaintiffs' cross motion for summary judgment declaring that defendant is obligated to defend and indemnify them in the underlying action, unanimously affirmed, without costs.

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10038. 310 EAST 74 LLC plf-ap, v. FIREMAN’S FUND INSURANCE COMPANY d/b/a INTERSTATE INDEMNITY COMPANY, def-res — Kornstein Veisz Wexler & Pollard, LLP, New York (Daniel J. Kornstein of counsel), for ap — Rivkin Radler LLP, Uniondale (Merril S. Biscone of counsel), for res — Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 16, 2012, which granted defendant’s motion for summary judgment declaring that defendant has no duty to defend or indemnify plaintiffs in an underlying personal injury action or to reimburse them for attorneys’ fees in defense of that action, and denied plaintiffs’ cross motion for summary judgment declaring that defendant is obligated to defend and indemnify them in the underlying action, unanimously affirmed, without costs.

Plaintiffs’ seven-month delay in notifying defendant insurer of the subject accident was unreasonable as a matter of law (see Tower Ins. Co. of N.Y. v. Classon Hgts., LLC, 82 AD3d 632, 634 [1st Dept 2011]). Furthermore, plaintiffs failed to meet their burden to raise a triable issue of fact as to whether they had a reasonable, good-faith belief in their nonliability (see id.; Paramount Ins. Co. v. Rosedale Gardens, 293 AD2d 235, 239-240 [1st Dept 2002]).

310 EAST 74 LLC plf-ap, v. FIREMAN'S FUND INSURANCE COMPANY d/b/a INTERSTATE INDEMNITY COMPANY, def-res

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