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JET SETTING SERV. v. TOOMEY

91 A.D.2d 431 (1983)

Jet Setting Service Corporation, Respondent-Appellant, v. Leonard Toomey, Appellant-Respondent

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

February 8, 1983

Attorney(s) appearing for the Case

Edward D. Greenberg of counsel (Schechter, Schwartz & Greenberg, attorneys), for respondent-appellant.

John H. Gettinger of counsel (Alan Jay Martin and Mark E. Abrams with him on the brief; Abrams & Martin, P. C., attorneys), for appellant-respondent.

SULLIVAN, J. P., CARRO, ASCH and MILONAS, JJ., concur.

ROSS, J.

We are well aware of the hornbook principle that an insurance broker is an agent of the insured (Clinchy v Grandview Dairy, 283 N.Y. 39). Although we are constrained to accept this principle, we believe that the facts in this case may compel a contrary conclusion insofar as this suit is concerned.

Plaintiff is a jewelry contractor. Michael Zuckerman (Zuckerman), who is secretary-treasurer...

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