Opinion
June 14, 1977
Appeal from the Civil Court of the City of New York, New York County, ARTHUR E. BLYN, J.
Frank A. Weg and Ira M. Myers for appellant.
Robert J. Fahey and Richard H. Huber for Bankers Federal Savings Loan Association, respondent.
Gwertzman, Nagelberg Pfeffer for Hartford Fire Insurance Company and others, respondents.
Judgment entered April 23, 1976 (BLYN, J.), dismissing the plaintiff's complaint after trial, is affirmed without costs. The trial court correctly concluded that in the absence of a written agreement between the plaintiff and the defendant bank, no obligation existed on the part of the defendant bank to pay the plaintiff a commission and the purported notice of lien, served by the plaintiff upon the defendant insurance companies, was without force and effect (Insurance Law, § 123, subd 3, par [b]). We, therefore, affirm on the opinion of BLYN, J., at Trial Term ( 83 Misc.2d 317).
Concur: DUDLEY, P.J., HUGHES and RICCOBONO, JJ.