VIDEO CORP v. FLATTO ASSOC


85 A.D.2d 448 (1982)

Video Corporation of America, Formerly Known as Teletronics International, Inc., Appellant, v. Frederick Flatto Associates, Inc., Defendant and Third-Party Plaintiff-Respondent. American Guarantee and Liability Insurance Company, Third-Party Defendant

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

March 30, 1982


Attorney(s) appearing for the Case

Andrew C. Jacobson of counsel (Weg Myers Jacobson & Scheer, P. C., attorneys), for appellant.

Andrew R. Simmonds of counsel (Robert E. Meshel with him on the brief; D'Amato & Lynch, attorneys), for respondent.

ROSS, MARKEWICH and FEIN, JJ., concur with BIRNS, J. P.; SANDLER, J., dissents in part in an opinion.


BIRNS, J. P.

Plaintiff has brought this action against defendant insurance broker alleging failure to procure full and adequate insurance coverage, in particular business interruption loss coverage. The complaint has been dismissed as barred by the Statute of Limitations, which determination is challenged on this appeal.

The amended complaint alleges two causes of action, the first for negligence and...

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