Opinion
July 10, 1967
Order of the Appellate Term, Second Judicial Department, dated October 21, 1966, and judgment of the Civil Court of the City of New York, Kings County, dated December 28, 1965, reversed on the law and facts, without costs, and a new trial granted. While we agree that less demanding standards of notice apply to the plaintiff injured party than to an insured ( Lauritano v. American Fid. Fire Ins. Co., 3 A.D.2d 564, affd. 4 N.Y.2d 1028; Gluck v. London Lancashire Ind. Co., 2 A.D.2d 751, affd. 2 N.Y.2d 953; Mason v. Allstate Ins. Co., 12 A.D.2d 138; Marcus v. London Lancashire Ind. Co., 6 A.D.2d 702, affd. 5 N.Y.2d 961), we find the present record inadequate to determine whether the notice given to defendant by the injured party was given "as soon as practicable" under the provisions of the policy. Material matters de hors the record have not been considered. Christ, Acting P.J., Brennan, Rabin, Hopkins and Nolan, JJ., concur.