Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
It is well settled that where an insurance policy requires that notice of an occurrence be given "as soon as practicable", notice must be given within a reasonable time under the facts and circumstances of each case ( see, White v. City of New York, 81 N.Y.2d 955, 957; Unigard Sec. Ins. Co. v. North Riv. Ins. Co., 79 N.Y.2d 576, 581; Merchants Mitt. Ins. Co. v. Hoffman, 56 N.Y.2d 799, 801; Security Mut. Ins. Co. v. Acker-Fitzsimons Corp., 31 N.Y.2d 436, 440). Circumstances may exist that will excuse or explain the delay in giving notice, such as lack of knowledge that an accident has occurred or a reasonable belief in nonliability, but the insured has the burden of showing the reasonableness of the excuse ( see, Security Mitt. Ins. Co. v. Acker-Fitzsimons Corp., 31 N.Y.2d, at 441, supra).
Triable issues of fact exist here as to whether the defendant third-party plaintiff Drake Manor, Inc. (hereinafter Drake), had knowledge of the accident at the time that it occurred, and if so, whether Drake reasonably and in good faith believed that no liability on its part would result ( see, Kim v. Maher, 226 A.D.2d 350; Kreger Truck Renting v. American Guar. Liab. Ins. Co., 213 A.D.2d 453; Argentina v. Otsego Mitt. Fire Ins. Co., 207 A.D.2d 816, affd 86 N.Y.2d 748; E.T. Nutrition v. Central Mitt. Ins. Co., 201 A.D.2d 451; Winstead v. Uniondale Union Free School Dist., 170 A.D.2d 500, 503). Therefore, summary judgment was properly denied.
Rosenblatt, J. P., O'Brien, Sullivan and Krausman, JJ. concur.