NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 2, 2009
SILVERITE CONSTRUCTION COMPANY, INC., ET AL., PLAINTIFFS-APPELLANTS,
ONE BEACON INSURANCE COMPANY, AS SUCCESSOR TO AMERICAN SPECIALTY INSURANCE COMPANY, DEFENDANT-RESPONDENT,
UNITED ALUMINUM DOOR, INC., DEFENDANT.
Order, Supreme Court, New York County (Judith J. Gische, J.), entered March 31, 2008, which denied plaintiffs Silverite Construction Company, Inc. ("Silverite") and the New York City Department of Environmental Protection's ("the DEP") motion for summary judgment and granted defendant One Beacon Insurance Company's ("One Beacon") motion for summary judgment unanimously affirmed, with costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Friedman, Moskowitz, Acosta, JJ.
Plaintiffs excuse for their 21/2 month-plus late notice of a worker's injury at a city construction site was that they did not believe the worker either had a claim, or would bring one, was properly rejected given evidence that the worker was removed from the worksite by ambulance, an accident report was prepared the same date but not followed up, the worker missed a week of work, he returned on limited duties and filed a notice of claim against the City the same day (see generally Great Canal Realty Corp. v Seneca Ins. Co., 5 NY3d 742 ). One Beacon's disclaimer was timely following a brief investigation into whether the plaintiffs qualified as additional insureds under the One Beacon policy.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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