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TRANS HIGH CORP. v. POLLACK ASSOC., LLC

2991, 602079/08.

74 A.D.3d 489 (2010)

902 N.Y.S.2d 83

TRANS HIGH CORPORATION, Appellant, v. POLLACK ASSOCIATES, LLC, et al., Respondents.

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

Decided June 8, 2010.

Even if, as plaintiff alleges, defendants failed to satisfy their common-law duty to procure the coverage that plaintiff had requested (see Murphy v Kuhn, 90 N.Y.2d 266, 270 [1997]), plaintiff's receipt and retention of the policy for three months before the fire without objection to the missing coverage waived any right of action it might have had against defendants (see Busker on Roof Ltd. Partnership Co. v Warrington,...

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