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148 MAGNOLIA, LLC v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY

4363, 111200/07.

81 A.D.3d 572 (2011)

916 N.Y.S.2d 774

148 MAGNOLIA, LLC, et al., Respondents, v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY et al., Defendants, and RAL SERVICES, INC., Appellant.

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

Decided February 24, 2011.

In this action alleging negligence and breach of contract against an insurance broker for failure to obtain adequate and appropriate insurance coverage, issues of fact exist whether defendant broker breached its duty to plaintiffs (see Kimmell v Schaefer, 89 N.Y.2d 257, 263 [1996]; Cosmos, Queens Ltd. v Matthias Saechang Im Agency, 74 A.D.3d 682, 683 [2010], lv denied ...

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