Roberts v. Abrams

Appellate Division of the Supreme Court of New York

Roberts v. Abrams

222 A.D.2d 268, 635 N.Y.S.2d 208, 1995 N.Y. App. Div. LEXIS 12815

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 12, 1995

StatusPublished

This text of 222 A.D.2d 268 (Roberts v. Abrams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Abrams, 222 A.D.2d 268, 635 N.Y.S.2d 208, 1995 N.Y. App. Div. LEXIS 12815 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 23, 1995, which denied plaintiff insureds’ motion to dismiss defendant adjusters’ counterclaims for failure to state a cause of action, unanimously affirmed, with costs.

The public adjuster’s agreement bearing plaintiff husband’s signature and acknowledging receipt of the notice of cancellation, together with the affidavit of defendants’ principal stating that a notice of cancellation was attached to the agreement and that he orally advised plaintiff husband of his three-day right to cancel the agreement, were sufficient, for purposes of this motion addressed to the pleadings, to show defendants’ compliance with the statutory requirements for entering into a public adjuster’s agreement (Insurance Law § 2108 [p]; Personal Property Law § 428). In addition, since the agreement was for the performance of services and the record demonstrates plaintiff wife’s assent thereto, it is not a defense that the agreement was signed only by plaintiff husband (see, Soundview Woods v Town of Mamaroneck, 14 Misc 2d 866, 871, affd 9 AD2d 789). Concur — Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered January 23, 1995, which denied plaintiff insureds’ motion to dismiss defendant adjusters’ counterclaims for failure to state a cause of action, unanimously affirmed, with costs.

The public adjuster’s agreement bearing plaintiff husband’s signature and acknowledging receipt of the notice of cancellation, together with the affidavit of defendants’ principal stating that a notice of cancellation was attached to the agreement and that he orally advised plaintiff husband of his three-day right to cancel the agreement, were sufficient, for purposes of this motion addressed to the pleadings, to show defendants’ compliance with the statutory requirements for entering into a public adjuster’s agreement (Insurance Law § 2108 [p]; Personal Property Law § 428). In addition, since the agreement was for the performance of services and the record demonstrates plaintiff wife’s assent thereto, it is not a defense that the agreement was signed only by plaintiff husband (see, Soundview Woods v Town of Mamaroneck, 14 Misc 2d 866, 871, affd 9 AD2d 789). Concur — Ellerin, J. P., Rubin, Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

222 A.D.2d 268, 635 N.Y.S.2d 208, 1995 N.Y. App. Div. LEXIS 12815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-abrams-nyappdiv-1995.

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