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SANTIAGO v. 1370 BROADWAY ASSOCIATES, L.P.

96 N.Y.2d 765 (2001)

749 N.E.2d 168

725 N.Y.S.2d 599

RAYMOND SANTIAGO, Plaintiff, v. 1370 BROADWAY ASSOCIATES, L.P., et al., Defendants. (And Third-Party Actions.) HERBERT CONSTRUCTION CO., INC., Now Known as WFC CONSTRUCTION COMPANY, INC., Second Third-Party Plaintiff-Respondent, v. ESSENTIAL COVERAGE CORP., Second Third-Party Defendant-Appellant, et al., Second Third-Party Defendants.

Court of Appeals of the State of New York.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Lustig & Brown, L. L. P., New York City (Debra Miller Krebs and Stephen C. Cunningham of counsel), for second third-party defendant-appellant.

Fixler & Associates, L. L. P., New York City (Frank Gulino of counsel), for second third-party plaintiff-respondent.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum, and as so modified, affirmed. The certified question should be answered in the negative.

We agree with the Appellate Division that the alleged misfeasance of insurance agents and brokers toward their clients is not "malpractice" within CPLR 214 (6) (see, Chase Scientific Research v NIA Group,

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