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BASEBALL OFF. v. MARSH

295 A.D.2d 73 (2002)

742 N.Y.S.2d 40

BASEBALL OFFICE OF THE COMMISSIONER et al., Appellants, v. MARSH & McLENNAN, INCORPORATED, Respondent.

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

May 14, 2002.

Attorney(s) appearing for the Case

Jonathan Mazer and Ronald F. Wick of counsel (Lee Ellis, Jr. and William M. Brodsky on the brief; Baden Kramer Huffman & Brodsky, P.C. and Baker & Hostetler LLP, attorneys), for appellants.

Eric J. Van Vugt of counsel (Hal S. Shaftel and Matthew J. Duchemin on the brief; Quarles & Brady LLP and Solomon, Zauderer, Ellenhorn, Frischer & Scharp, attorneys), for respondent.

ROSENBERGER, RUBIN and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.P.

These appeals arise in the context of a malpractice action against an insurance broker alleging, with respect to an underlying liability claim for which plaintiffs were left without primary coverage, that defendant, inter alia, failed to procure adequate liability insurance, and failed to give the required notice of claim to the excess insurer, whose policy did cover the claim, or to advise plaintiffs properly with respect...

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