CUTRO v. SHEEHAN AGENCY, INC.


96 A.D.2d 669 (1983)

Nicholas Cutro, Appellant, v. Sheehan Agency, Inc., Respondent

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

July 21, 1983


Plaintiff, in a complaint amended as of right, alleged a cause of action in negligence for defendant's failure to procure adequate excess liability insurance as instructed by plaintiff and sought a declaration as to defendant's liability to plaintiff for any money judgment arising from the accident for which plaintiff's insurer had denied coverage. Defendant's motion to dismiss the amended complaint for failure to state a cause of action was granted in a written order without...

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