Additional Insured's 4 Month Delay In Providing Notice of Accident Held Untimely As A Matter of Law

In Kogan v. North St. Community, LLC, the plaintiff was injured in a slip and fall on ice that had allegedly accumulated in a parking lot owned by North St. The First Department affirmed the denial of North St.'s motion to dismiss, finding that questions of fact existed as to whether North St. had notice of the alleged condition. The Court dismissed the case against North St.'s snow removal contractor, Tripicchio, finding that Tripicchio was not obligated to salt the parking lot. The Court further held that Tripicchio could not be obligated to indemnify North St. under either contract or common law.

Finally, the Court held that Tripicchio's insurer, Merchants Mutual, was not obligated to insure North St. for this loss. It was established that North St. learned of the accident approximately two weeks after it occurred, but failed to notify Merchants until four months later. This delay, the Court held, was untimely as a matter of law.