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MAAD CONSTRUCTION, INC. v. CAVALLINO RISK MANAGEMENT, INC.

2017-11634. Index No. 602276/15.

178 A.D.3d 816 (2019)

115 N.Y.S.3d 385

2019 NY Slip Op 08843

MAAD Construction, Inc., Appellant, v. Cavallino Risk Management, Inc., Respondent, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Boies Schiller Flexner LLP, Albany, NY ( George F. Carpinello and Teresa A. Monroe of counsel), for appellant.

Clausen Miller P.C., New York, NY ( Don Ray Sampen , pro hac vice, and John P. De Filippis of counsel), for respondent.

Scheinkman, P.J., Rivera, Chambers and Brathwaite Nelson, JJ., concur.

Ordered that the order entered September 20, 2017, is affirmed insofar as appealed from, with costs.

Cavallino Risk Management, Inc. (hereinafter Cavallino), is a licensed insurance broker. In March 2011, the plaintiff corporation requested that Cavallino procure insurance for the plaintiff's trucking and hauling business and all related equipment. On March 31, 2011, Cavallino, through an intermediate insurance broker—the defendant Marketscout Wholesale, Inc...

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