JONATHAN WOODNER COMPANY v. AMERICAN PHOENIX CORPORATION


304 A.D.2d 366 (2003)

756 N.Y.S.2d 847

JONATHAN WOODNER COMPANY, Appellant, v. AMERICAN PHOENIX CORPORATION et al., Respondents, and MARY LESNEWSKI et al., Appellants.

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

Decided April 8, 2003.


The complaint as against defendant-respondent insurance brokers was properly dismissed. The complained-of omission, i.e., the failure to procure adequate insurance coverage, took place subsequent to the termination of defendants-respondents as plaintiff's exclusive insurance brokers and their substitution by successor brokers, and defendants-respondents, particularly under these circumstances, had "no continuing duty to advise, guide, or direct [plaintiff] to obtain additional...

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