SOHO GENERATION OF NEW YORK, INC. v. TRICITY INSURANCE BROKERS, INC.


256 A.D.2d 229 (1998)

683 N.Y.S.2d 31

SOHO GENERATION OF NEW YORK, INC., Respondent, v. TRICITY INSURANCE BROKERS, INC., Defendant, and KEEP, INC., Doing Business as KEEP INSURANCE SERVICES, Appellant.

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

Decided December 29, 1998.


Plaintiff, which operated a retail clothing store in Manhattan, requested that its insurance broker, defendant Keep, obtain new property insurance after its existing policy had been canceled in May 1991. Keep was aware that plaintiff's corporate predecessor had had several insurance losses, and, more particularly, that plaintiff had suffered a $205,000 soot damage loss in December of 1990. Nevertheless, Keep's principal prepared an application reflecting only two burglary...

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