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GOVAN v. MOTOR INS. CORP.

167 Misc.2d 733 (1996)

643 N.Y.S.2d 883

Everett Govan, Respondent, v. Motor Insurance Corp./CIM Insurance, Appellant.

Supreme Court, Appellate Term, Second Department.

March 11, 1996

Attorney(s) appearing for the Case

Dillon, Haber & Dillon, Roslyn Heights (Mark L. Lubelsky of counsel), for appellant. Mark E. Seitelman, New York City (Rachael Nass of counsel), for respondent.

KASSOFF, P. J., ARONIN and CHETTA, JJ., concur.

MEMORANDUM.

Order unanimously affirmed with $10 costs.

On December 24, 1992, plaintiff purchased a 1990 Ford Thunderbird Super Coupe automobile for $13,495. One day prior to said purchase, plaintiff obtained physical damage insurance for the vehicle from D-CAP, the defendant's insurance broker. Plaintiff maintains, and defendant does not rebut, that the brokerage firm was quite busy on December 23, 1992, and the...

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