Jonathan Woodner Co. v. American Phoenix Corp.

Appellate Division of the Supreme Court of New York

Jonathan Woodner Co. v. American Phoenix Corp.

304 A.D.2d 366, 756 N.Y.S.2d 847, 2003 N.Y. App. Div. LEXIS 3758

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 2003·Published

Opinion

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about April 10, 2002, granting defendants-respondents’ motion [367] for summary judgment dismissing plaintiffs complaint as against them, unanimously affirmed, with costs.

The complaint as against defendant-respondent insurance brokers was properly dismissed. The complained-of omission, i.e., the failure to procure adequate insurance coverage, took place subsequent to the termination of defendants-respondents as plaintiffs exclusive insurance brokers and their substitution by successor brokers, and defendants-respondents, particularly under these circumstances, had “no continuing duty to advise, guide, or direct [plaintiff] to obtain additional coverage * * (Murphy v Kuhn, 90 NY2d 266, 273 [1997]; accord Capital Mercury Shirt Corp. v Arkwright Mut. Ins. Co., 195 AD2d 320, 321 [1993].) Concur — Mazzarelli, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

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Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about April 10, 2002, granting defendants-respondents’ motion [367] for summary judgment dismissing plaintiffs complaint as against them, unanimously affirmed, with costs.

The complaint as against defendant-respondent insurance brokers was properly dismissed. The complained-of omission, i.e., the failure to procure adequate insurance coverage, took place subsequent to the termination of defendants-respondents as plaintiffs exclusive insurance brokers and their substitution by successor brokers, and defendants-respondents, particularly under these circumstances, had “no continuing duty to advise, guide, or direct [plaintiff] to obtain additional coverage * * (Murphy v Kuhn, 90 NY2d 266, 273 [1997]; accord Capital Mercury Shirt Corp. v Arkwright Mut. Ins. Co., 195 AD2d 320, 321 [1993].) Concur — Mazzarelli, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

Jonathan Woodner Co. v. American Phoenix Corp., 304 A.D.2d 366, 756 N.Y.S.2d 847, 2003 N.Y. App. Div. LEXIS 3758 (N.Y. Ct. App. 2003).

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304 A.D.2d 366 (Jonathan Woodner Co. v. American Phoenix Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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