Rovitelli v. Motor Vehicle Accident Indemnification Corp. 30 A.D.2d 1037

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.