Rovitelli v. Motor Vehicle Accident Indemnification Corp. , 294 N.Y.S.2d 778 ( 1968 )

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.