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MINICO INS. AGENCY, LLC v. AJP CONTR. CORP.

2017-09113. Index No. 601304/17.

166 A.D.3d 605 (2018)

88 N.Y.S.3d 64

2018 NY Slip Op 07423

Minico Insurance Agency, LLC, as Agent for the Hudson Excess Insurance Company, Respondent, v. AJP Contracting Corp. et al., Appellants.

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

Decided November 7, 2018.

Ordered that the order is affirmed, with costs.

The defendant AJP Contracting Corp. (hereinafter AJP), through an agent, submitted an application to the plaintiff to obtain commercial general liability insurance, and was issued a policy. The plaintiff alleged that the premium charged and collected for the policy was based upon an estimate, provided by AJP's president, the defendant Antonios Pappas, of AJP's anticipated gross sales for the policy period. After the...

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