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MASKI, INC. v. WALTER KAYE, INC.

245 A.D.2d 348 (1997)

665 N.Y.S.2d 592

Maski, Inc., Doing Business as Katherine's Restaurant, Respondent, v. Walter Kaye, Inc., Corporation of Rhode Island, Defendant, Reliance Insurance Company of New York, Respondent, and P. Richard Gunzel et al., Appellants

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

December 8, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant P. Richard Gunzel, a retail insurance broker employed by the defendant M & R Marcus Company (hereinafter M & R), submitted an application for fire insurance on the plaintiff's behalf to the defendant Reliance Insurance Company of New York (hereinafter Reliance). It is undisputed that the application falsely claimed that one of the plaintiff's principals had five years of...

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