In Vertex Engineering Services, Inc. v. New York City Transit Authority, Supreme Court, New York County, Index No. 108236/06, a late notice argument was raised by the insurer, and the plaintiff in that action argued that late notice was excused based on Endorsement 13 in the policy. This Endorsement provided that the insurer would not deny coverage as a result of an unintentional failure by the insured to give proper notice. The court held that the Endorsement did not avail plaintiff of an excuse for late notice. The court apparently concluded that there was no inconsistency between the Endorsement and the rest of the policy.