McMANUS-TESSITORE AGENCY v. ALBIN CONSTR. CORP.


63 A.D.2d 1067 (1978)

McManus-Tessitore Agency, on Behalf of Itself and All Others Similarly Situated, Respondent, v. Albin Construction Corp., Appellant, et al., Defendants

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

June 15, 1978


Plaintiff is an insurance broker and agent. It brought this action to recover premiums allegedly due on insurance policies procured on defendants' behalf. Plaintiff moved for summary judgment and Special Term granted the motion on the question of liability, but refused to award damages until an assessment had been made. Defendants appealed, contending that liability had not been established and numerous factual issues remained to be resolved. We agree. Special Term, in our...

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