MARK PATTERSON, INC. v. BOWIE


237 A.D.2d 184 (1997)

654 N.Y.S.2d 769

Mark Patterson, Inc., Respondent, v. Nigel J.S. Bowie et al., Appellants, and R.M. Stephens & Co., Inc., et al., Respondents

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

March 20, 1997


The first cause of action in the amended complaint, which alleged that defendant, Underwriters, fraudulently induced plaintiff to procure its insurance by concealing and misrepresenting facts concerning the continued police investigation into a covered employee's prior loss, should have been dismissed. There is no evidence in the record that defendant, Stephens, was acting as Underwriters' agent in negotiating the terms of the procurement...

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