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VOSS v. NETHERLANDS INS. CO.

No. 11

22 N.Y.3d 728 (2014)

8 N.E.3d 823

985 N.Y.S.2d 448

2014 NY Slip Op 1259

DEBORAH VOSS et al., Appellants, v. THE NETHERLANDS INSURANCE COMPANY et al., Defendants, and CH INSURANCE BROKERAGE SERVICES, CO., INC., Respondent.

Court of Appeals of New York.

Decided February 25, 2014.

Attorney(s) appearing for the Case

Dirk J. Oudemool , Syracuse, for appellants.

Wilson, Elser, Moskowitz, Edelman & Dicker; LLP, Albany ( Thomas M. Witz , and Benjamin F. Neidl of counsel), for respondent.

OPINION OF THE COURT

GRAFFEO, J.

The primary question before us in this insurance dispute is whether a special relationship existed between the insureds and their insurance broker. Under the circumstances of this case, we conclude that the broker failed to meet its burden justifying summary judgment and dismissal of the complaint is not warranted.

This action arises out of property damage and the consequent business interruption sustained by plaintiff...

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