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SUTTON PARK DEVELOPMENT CORPORATION TRADING COMPANY INC. v. GUERIN & GUERIN AGENCY INC.

297 A.D.2d 430 (2002)

745 N.Y.S.2d 622

SUTTON PARK DEVELOPMENT CORPORATION TRADING COMPANY INC. et al., Appellants, v. GUERIN & GUERIN AGENCY INC., Respondent, et al., Defendants.

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

Decided August 1, 2002.

Mugglin, J.

A building on premises owned by plaintiffs in North Carolina collapsed during a storm on January 30, 2000. On being informed that this loss was uninsured, plaintiffs brought this action against the insurers (none of whom are parties to this appeal) and plaintiffs' insurance broker, defendant Guerin & Guerin Agency Inc. (hereinafter Guerin). Plaintiffs appeal from Supreme Court's partial grant of Guerin's CPLR 3211 (a) (7) motion, which dismissed all...

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