GOODWIN BOWLER ASSOC. v. E. MUTUAL INS

The motion court properly declined to credit assertions in plaintiffs' affidavit in opposition to the motion as to when they first gave defendant insurer notice of their claim in light of detailed contradictory assertions in plaintiffs' examination under oath ( see, Califano v. Campaniello, 243 A.D.2d 528, 529-530). Having found that plaintiff's delayed two months in submitting their notice of claim, the court then properly concluded that plaintiffs' delay was unreasonable as a matter of law, in view of plaintiffs' misguided but knowing "election to look to one source rather than another for reimbursement" ( Power Auth. v. Westinghouse Elec. Corp., 117 A.D.2d 336, 341).

Concur — Ellerin, P. J., Lerner, Andrias and Saxe, JJ.