Opinion
October 2, 1990
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Vehicle and Traffic Law § 313 (1) (a) requires that the "financial security clause" such as the one at issue herein be set forth in 12-point typeface. Corespondent Hartford contends that the 12 points should be measured according to the size of the hardware used by the printer, rather than the size of the character as it appears on the printed page. This contention, however, has heretofore been held to be without merit. (See, Cohn v. Royal Globe Ins. Co., 67 A.D.2d 993, 994-995, affd 49 N.Y.2d 942.)
Further, the notice of cancellation containing the financial security clause is invalid because the clause appears over two pages and the legend "CONTINUED ON FOLLOWING PAGE" is in 10-point type. Although such language is not required, nevertheless, having voluntarily undertaken to include it, Hartford was required to set it forth in strict compliance with the statutory typeface minimum (Matter of Utica Mut. Ins. Co. [Morrone], 108 A.D.2d 865, 866).
Concur — Ross, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.