Kramer v. Government Employees Insurance Co. (N.Y.App.Div. 02/28/2000)

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Supreme Court2/28/2000 mother's death within days thereafter, yet failed to provide notice to the defendant for over 21 months. Under the facts of this case, the lack of a personal representative for the estate does not excuse the delay in providing notice (see, Allstate Ins. Co. v Furman, 84 AD2d 29, affd 58 NY2d 613). This is not a case, such as that relied on by the Supreme Court, where the time to give notice is measured from the date a cause of action exists, arises, or is possessed by a legal representative (see, Matter of Johnson [Lumbermen's Mut. Ins. Co.], 88 AD2d 1; see also, Buduson v Curtis, 285 App Div 517, affd 309 NY 879). The defendant sufficiently specified the grounds for the disclaimer and the disclaimer was sent to the proper parties (see, Losi v Hanover Ins. Co., 139 AD2d 702). Moreover, we conclude that the defendant's delay of less than one month in issuing the disclaimer was reasonable as a matter of law (see, Can-Am Roofing v American States Ins. Co., 229 AD2d 973; Silk v City of New York, 203 AD2d 103). In light of our determination, we do not reach the defendant's remaining contention which, in any event, is unpreserved for appellate review. SANTUCCI, J.P., ALTMAN, FRIEDMANN, and GOLDSTEIN, JJ., concur.

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