1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 279 A.D.2d
  5. 279 A.D.2d 75 (2001)
 

PETROSKY v. BRASNER

279 A.D.2d 75 (2001)

718 N.Y.S.2d 340

BARBARA PETROSKY, Individually and as Executrix of FRANK PETROSKY, Deceased, Appellant, v. STEVEN BRASNER et al., Respondents.

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

January 4, 2001.

Attorney(s) appearing for the Case

Steven H. Beldock of counsel, New City (James G. Yastion on the brief; Birbrower, Montalbano, Condon & Frank, P. C., attorneys), for appellant.

Cary Maynard of counsel, New York City (Turner & Owen, attorneys), for Steven Brasner, respondent.

Courtney M. Robbins of counsel, New York City (Howard P. Klar on the brief; Motola Klar Dinowitz & Carfora, L. L. P., attorneys), for Fabricant & Fabricant, Inc., respondent.

Michele Gapinski of counsel, Jericho (L. Susan Scelzo Slavin and Jimmy M. Santos on the brief; Slavin Law Firm, P. C., attorneys), for United States Life Insurance Company, respondent.

Steven C. Rauchberg, New York City, for Examination Management Services, Inc. and another, respondents.

ROSENBERGER, J.P., WILLIAMS and BUCKLEY, JJ., concur with LERNER, J.; SAXE, J., dissents in part in a separate opinion.

OPINION OF THE COURT

LERNER, J.

The instant action is one of first impression in New York. At issue is whether an insurance carrier and its agents have a duty to disclose to a prospective insured medical conditions discovered during a pre-insurance physical examination.

On February 3, 1997, decedent Frank Petrosky filed an application for life insurance with defendant agent Steven Brasner (hereinafter Brasner) of Fabricant & Fabricant (hereinafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases