Appellate Division of the Supreme Court of the State of New York February 23, 2012 (How Shim Yu v. General Security Insurance)

This is an action pursuant to Insurance Law § 3420 (a) (2) by an injured person (plaintiff) against the insurer (defendant) of a tortfeasor (nonparty Lep Keng Corp.), which has not satisfied a judgment against it in plaintiffs favor. It is undisputed that Lep Keng’s notice to defendant was late.