Desmond, J. (dissenting). This suit was brought under section 167 of the Insurance Law to recover from defendant as insurer of one Lasigna the amount of an unpaid judgment obtained by plaintiff against Lasigna because of injuries sustained by plaintiff through Lasigna’s negligence. The only question in this suit was whether the insured had given to defendant, as the policy required, written notice of the accident “ as soo…
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