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STILIANUDAKIS v. TOWER INSURANCE COMPANY OF NEW YORK

2008-08323

68 A.D.3d 973 (2009)

2009 NY Slip Op 9456

889 N.Y.S.2d 854

GEORGE STILIANUDAKIS, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Defendant, and AVENIA INS. AGENCY, INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 15, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Avenia Ins. Agency, Inc., which was to dismiss the third cause of action to recover damages for negligent misrepresentation pursuant to CPLR 3211 (a) (7) is granted.

"A claim for negligent misrepresentation requires the plaintiff to demonstrate (1) the existence of a special or privity-like...

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