Appellate Division of the Supreme Court of the State of New York May 20, 2004 (McEachron v. State Farm Insurance)

Mugglin, J.

Appeal from a judgment of the Supreme Court (Benza, J.), entered August 9, 2002 in Albany County, upon a verdict rendered in favor of defendant.

On a prior appeal, we held that Supreme Court correctly denied defendant’s motion for summary judgment since a ques*930tion of fact existed concerning the timeliness of the disclaimer of the supplementary underinsured motorist coverage