LAVANDIER v. LANDMARK INSURANCE COMPANY


26 A.D.3d 264 (2006)

810 N.Y.S.2d 45

JOEL LAVANDIER, Formerly Known as JOEL ROSARIO, et al., Respondents, v. LANDMARK INSURANCE COMPANY et al., Defendants, and SOBEL AFFILIATES, INC., Appellant.

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

February 21, 2006.


The proposed amendments, alleging that defendant insurance broker Sobel Affiliates, Inc. (Sobel) breached its contract with the insureds and was negligent in failing to timely forward notice of the subject claims to the insureds' carrier, Landmark Insurance Company, were properly permitted. Although Sobel contends that the causes asserted in the proposed amendments are time-barred, it failed to meet its burden conclusively to demonstrate that affirmative defense (see<...

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