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46TH ST. DEV., LLC v. MARSH USA, INC.

8488, 601222/10.

100 A.D.3d 455 (2012)

953 N.Y.S.2d 500

46TH STREET DEVELOPMENT, LLC, Appellant, v. MARSH USA, INC., Respondent.

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

November 13, 2012.

Plaintiff failed to state a cause of action based on defendant's failure to procure insurance coverage for a delay in obtaining temporary certificates of occupancy (TCO coverage) for the subject condominiums. Absent a specific request for the insurance, defendant, as broker, had no duty to obtain coverage (see Hoffend & Sons, Inc. v Rose & Kiernan, Inc., 7 N.Y.3d 152, 157-158 [2006]). Here, there is no evidence that plaintiff...

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