Appellate Division of the Supreme Court of the State of New York October 31, 1968 (Rovitelli v. Motor Vehicle Accident Indemnification Corp.)

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to abide the event. Memorandum: The question of notice is a factual one which should be presented to a jury. (Appeal from judgment of Monroe Trial Term determining claim timely filed.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.