Time Warner's forwarding of the summons and complaint in the underlying personal injury action to its carrier Travelers constituted timely notice to Travelers of the occurrence involving New York Telephone, an additional insured under the Travelers policy issued to Time Warner and the only insured party under that policy against whom the summons and complaint had been served (cf., Delco Steel Fabricators, Inc. v. Am. Home Assurance Co., 40 A.D.2d 647, affd 3 1 N.Y.2d 1014). Inasmuch as Time Warner's interests were not adverse to those of New York Telephone at the time the summons and complaint were forwarded to Travelers, the notice provided by Time Warner's forwarding of the summons and complaint sufficed to defeat the carrier's affirmative defense of late notice (see, Rose v. State of New York, 265 A.D.2d 473; Natl. Union Fire Ins. Co. of Pittsburgh v. Ins. Co. of N. Am., 188 A.D.2d 259, lv denied 81 N.Y.2d 709).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.