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SCHENCK v. COORDINATED COVERAGE

50 A.D.2d 50 (1975)

Benjamin R. Schenck, as Superintendent of Insurance of The State of New York, as Liquidator of Citizens Casualty Company of New York, Appellant, v. Coordinated Coverage Corporation, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 4, 1975

Attorney(s) appearing for the Case

Lewis Bart Stone of counsel (Marvin J. Fortgang with him on the brief; Carb, Luria, Glassner, Cook & Kufeld, attorneys), for appellant.

John B. Koegel of counsel (James J. Maloney with him on the brief; Rogers & Wells, attorneys), for respondent.

MARKEWICH, J. P., MURPHY, LUPIANO and LANE, JJ., concur.

TILZER, J.

Plaintiff, as liquidator of Citizens Casualty Company of New York, brings this action to recover $1,400,000 which was paid to defendant Coordinated Coverage Corp. during the period between January, 1967 through January, 1969, when Coordinated acted as agent for Citizens Casualty. It is plaintiff's contention that pursuant to the agreement between the parties Coordinated was entitled to a contingent commission equal to the profit upon premiums...

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