Anthony Deso v. London & Lancashire Indemnity Company America

[3 N.Y.2d 127 Page 128] This action was brought pursuant to section 167 of the Insurance Law to recover the amount of a judgment which plaintiff
has secured against Alessandro Lasigna, the insured, for injuries sustained by the plaintiff while on Lasigna's premises.
We are concerned principally with a single narrow issue: whether the question as to the timeliness of the notice given by
the insured to the defendant was properly submitted to the jury or should have been ruled a breach of condition as a matter
of law.