Ordered that the order is affirmed, with costs.
Contrary to the appellant's contentions, the required notice of the subject occurrence was sent to the appellant as soon as it was practical to do so under the facts and circumstances of this case (see, Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12). The record sufficiently demonstrates that the plaintiff possessed a good faith belief of nonliability. Therefore, his delay in informing the appellant of the subject occurrence is excusable under the circumstances (see, Empire City Subway Co. v Greater N Y Mut. Ins. Co., 35 N.Y.2d 8).
We reject the appellant's remaining contention (see, Fitzpatrick v American Honda Motor Co., 78 N.Y.2d 61, 63). Bracken, J.P., Sullivan, Lawrence and Joy, JJ., concur.