| R & L Richmond Ave. Corp. v Public Serv. Mut. Ins. Co. |
| 2008 NY Slip Op 09058 [56 AD3d 643] |
| November 18, 2008 |
| Appellate Division, Second Department |
| R & L Richmond Avenue Corp., Respondent, v PublicService Mutual Insurance Company, Appellant. |
—[*1] Allyn J. Crawford, Staten Island, N.Y. (Kerri Bringslid of counsel), for respondent.
In an action, inter alia, for a judgment declaring that the defendant is obligated to defend andindemnify the plaintiff in an underlying personal injury action entitled Velasquez v HolidayPlaza, LLC, pending in the Supreme Court, Richmond County, under index No. 102441/06,the defendant appeals from an order of the same court (Maltese, J.), dated February 25, 2008,which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
In opposition to the defendant insurer's prima facie showing of entitlement to judgment as amatter of law based upon the plaintiff's eight-month delay in reporting the underlying occurrenceto it, the plaintiff raised a triable issue of fact as to whether the delay was reasonable, based upona good faith belief in its nonliability. Under these circumstances, the Supreme Court properlydenied the defendant's motion for summary judgment (see St. James Mech., Inc. v Royal &Sunalliance, 44 AD3d 1030, 1031-1032 [2007]; Genova v Regal Mar. Indus., 309AD2d 733 [2003]). Spolzino, J.P., Florio, McCarthy and Dickerson, JJ., concur.