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R L RICHMOND AVENUE CORP., Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant.

Ordered that the order is affirmed, with costs.

In opposition to the defendant insurer's prima facie showing of entitlement to judgment as a matter of law based upon the plaintiffs eight-month delay in reporting the underlying occurrence to it, the plaintiff raised a triable issue of fact as to whether the delay was reasonable, based upon a good faith belief in its nonliability. Under these circumstances, the Supreme Court properly denied the defendant's motion for summary judgment ( see St. James Mech., Inc. v Royal Sunalliance, 44 AD3d 1030, 1031-1032; Genova v Regal Mar. Indus., 309 AD2d 733).

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R L RICHMOND AVE. v. PUB. SERV. MUT. INS
(Nov 18, 2008)