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AMERICAN BLDG. v. PETROCELLI

No. 188.

19 N.Y.3d 730 (2012)

979 N.E.2d 1181

955 N.Y.S.2d 854

2012 NY Slip Op 7849

AMERICAN BUILDING SUPPLY CORP., Appellant, v. PETROCELLI GROUP, INC., Respondent, et al., Defendant.

Court of Appeals of New York.

Decided November 19, 2012.

Attorney(s) appearing for the Case

Zisholtz & Zisholtz, LLP, Mineola ( Stuart S. Zisholtz of counsel), for appellant.

Keidel, Weldon & Cunningham, LLP, White Plains ( Stephen C. Cunningham and Debra M. Krebs of counsel), for respondent.

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac and Dawn C. DeSimone of counsel), James M. Begley , New York City, Rona L. Platt , Uniondale, Brendan T. Fitzpatrick , Albertson, David B. Hamm , New York City, and Joseph Miller for Defense Association of New York, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges READ and SMITH concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge GRAFFEO concurs.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are asked to determine if an action for negligence and breach of contract lies against an insurance broker for failure to procure adequate insurance coverage where the insured received the policy without complaint. We hold, where issues of fact exist as to a request for specific coverage, that the insured can maintain such an action and defendant's motion...

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