2833 THIRD AVENUE REALTY ASSOCIATES v. MARCUS

Although plaintiff insureds failed to provide timely notice of claim and forward the summons and complaint as required by the policy, defendants' disclaimer after 37 days was unreasonable as a matter of law since the grounds for the disclaimer were evident from the face of the late notice of claim ( see West 16th St. Tenants Corp. v. Public Serv. Mut. Ins. Co., 290 AD2d 278).