Opinion
No. 2008-03067.
November 18, 2008.
In an action, inter alia, for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiff in an underlying personal injury action entitled Velasquez v Holiday Plaza, LLC, pending in the Supreme Court, Richmond County, under index No. 102441/06, the defendant appeals from an order of the same court (Maltese, J.), dated February 25, 2008, which denied its motion for summary judgment.
Weber Gallagher Simpson Stapleton Fires Newby, LLP, New York, N.Y. (Michael S. Savett of counsel), for appellant.
Allyn J. Crawford, Staten Island, N.Y. (Kerri Bringslid of counsel), for respondent.
Before: Spolzino, J.P., Florio, McCarthy and Dickerson, JJ.
Ordered that the order is affirmed, with costs.
In opposition to the defendant insurer's prima facie showing of entitlement to judgment as a matter of law based upon the plaintiffs eight-month delay in reporting the underlying occurrence to it, the plaintiff raised a triable issue of fact as to whether the delay was reasonable, based upon a good faith belief in its nonliability. Under these circumstances, the Supreme Court properly denied the defendant's motion for summary judgment ( see St. James Mech., Inc. v Royal Sunalliance, 44 AD3d 1030, 1031-1032; Genova v Regal Mar. Indus., 309 AD2d 733).