Public Adjustment Bureau, Inc. v. Bankers Federal Savings & Loan Ass'n

91 Misc. 2d 118, 397 N.Y.S.2d 522, 1977 N.Y. Misc. LEXIS 2247

• Court: Appellate Terms of the Supreme Court of New York
• Decided: June 14, 1977
• Status: Published

Opinion

Per Curiam.

Judgment entered April 23, 1976 (Blyn, J.), dismissing the plaintiffs 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 Mise 2d 317).

Concur: Dudley, P. J., Hughes and Riccobono, JJ.