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NACO, INC. v. MARENGA

2 Misc.3d 36 (2003)

773 N.Y.S.2d 780

NACO, INC., Doing Business as NATIONAL ADJUSTMENT CO., Respondent, v. JERRY MARENGA, Appellant, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

December 10, 2003.

Attorney(s) appearing for the Case

Coalition of Landlords, Homeowners & Merchants, Babylon (Rod Kovel of counsel), for appellant.

Richard Freilich, Bay Shore, for respondent.

DOYLE, P.J., WINICK and SKELOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously affirmed without costs.

In this action for breach of a contract to provide public adjustment services in regard to defendant Marenga's fire insurance claim, plaintiff NACO, Inc., doing business as National Adjustment Co., alleges that Marenga failed to compensate it at the agreed upon rate of 6% of the claim proceeds. Marenga in turn claimed that NACO...

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