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MOTT v. NEW YORK PROP. INS. UNDERWRITING ASSN.

209 A.D.2d 981 (1994)

619 N.Y.S.2d 986

Sonia Mott et al., Appellants, v. New York Property Insurance Underwriting Assn. et al., Defendants, and Walter C. Taylor Agency, Inc., Respondent

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

November 16, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant Walter C. Taylor Agency, Inc., to dismiss the action based upon plaintiffs' failure to prove a prima facie case (see, CPLR 4401). "[A]lthough it is well established in this State that a broker may be held liable, based upon either breach of contract or tort, for neglect in failing to procure insurance, in order to support such a recovery it...

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