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Mott v. N.Y. Prop. Ins. Underwriting Assn

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 981 (N.Y. App. Div. 1994)

Opinion

November 16, 1994

Appeal from the Supreme Court, Monroe County, Stander, J.

Present — Denman, P.J., Green, Balio, Wesley and Callahan, JJ.


Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Walter C. Taylor Agency, Inc., to dismiss the action based upon plaintiffs' failure to prove a prima facie case (see, CPLR 4401). "[A]lthough it is well established in this State that a broker may be held liable, based upon either breach of contract or tort, for neglect in failing to procure insurance, in order to support such a recovery it must be demonstrated that the coverage sought could have been procured prior to the fire" (Rodriguez v Investors Ins. Co., 201 A.D.2d 355, 356, citing American Motorists Ins. Co. v. Salvatore, 102 A.D.2d 342, 346; see also, Hjemdahl-Monsen v. Faulkner, 204 A.D.2d 516; Kinns v. Schulz, 131 A.D.2d 957, 959; MacDonald v. Carpenter Pelton, 31 A.D.2d 952, 954). Plaintiffs presented no proof to establish the availability of fire insurance coverage for their premises.

We have reviewed plaintiffs' remaining contentions and conclude that they are without merit.


Summaries of

Mott v. N.Y. Prop. Ins. Underwriting Assn

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1994
209 A.D.2d 981 (N.Y. App. Div. 1994)
Case details for

Mott v. N.Y. Prop. Ins. Underwriting Assn

Case Details

Full title:SONIA MOTT et al., Appellants, v. NEW YORK PROPERTY INSURANCE UNDERWRITING…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1994

Citations

209 A.D.2d 981 (N.Y. App. Div. 1994)
619 N.Y.S.2d 986

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