HOME MUT. v. BROADWAY BANK


76 A.D.2d 24 (1980)

Home Mutual Insurance Company, Appellant, v. Broadway Bank and Trust Company, Respondent

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

July 10, 1980


Attorney(s) appearing for the Case

Vogt, Hensel & Krenitsky (Richard G. Vogt of counsel), for appellant.

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for respondent.

CARDAMONE, J. P., SCHNEPP, CALLAHAN and MOULE, JJ., concur.


WITMER, J.

The principal question presented on this appeal is whether defendant Broadway Bank and Trust Company (the Bank) is liable to plaintiff Home Mutual Insurance Company because of negligent misrepresentation that the insurance policy issued by plaintiff on one Ludwig's automobile was properly canceled by defendant in behalf of Ludwig as of August 24, 1972. Because we find no duty owing by the Bank to plaintiff...

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