BOOTH MEM'L HOSP. & MED. CTR. v. MERSON & CO., INC.


162 A.D.2d 100 (1990)

Booth Memorial Hospital & Medical Center, Respondent, v. Merson & Co., Inc., et al., Appellants

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

June 5, 1990


Plaintiff hospital's professional malpractice action against defendants properly states a cause of action. Plaintiff's allegation that it sustained damages in the form of $322,140 in premiums paid as a result of defendants' procurement of worthless excess insurance is sufficient as a matter of law (see generally, 20 Appleman, Insurance Law & Practice § 11276 [1980]).

Moreover, plaintiff's cause of action seeking declaratory judgment relief presents...

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