NEW YORK HEALTH & RACQUET CLUB, INC. v. NIA/KORNREICH LIMITED LIABILITY COMPANY


290 A.D.2d 348 (2002)

736 N.Y.S.2d 369

NEW YORK HEALTH & RACQUET CLUB, INC., et al., Appellants, v. NIA/KORNREICH LIMITED LIABILITY COMPANY, Doing Business as KORNREICH/NIA ORGANIZATION, et al., Respondents.

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

Decided January 24, 2002.


The motion court properly dismissed plaintiffs' causes of action for negligence and breach of contract as time barred. While defendant insurance brokers, who admittedly procured marine insurance for plaintiff through an unlicensed carrier, owed plaintiff a continuing duty to monitor the carrier's financial condition for the duration of the policy procured for plaintiff, such duty did not extend beyond the policy's expiration (...

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