MARTIN ASSOC., INC. v. ILLINOIS NATL. INS. CO.

Index No. 42090/14E. Appeal No. 12132-12132A. Case No. 2019-03733.

188 A.D.3d 572 (2020)

134 N.Y.S.3d 349

2020 NY Slip Op 06860

Martin Associates, Inc., Appellant, v. Illinois National Insurance Company et al., Defendants, and T&H Brokers Inc. et al., Respondents.

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

Decided November 19, 2020.


The motion court properly dismissed the breach of contract claim against T&H due to plaintiff's failure to allege the presence of an express or implied contract. Plaintiff admits that there was no written contract between itself and T&H, and did not specifically allege that the parties were operating under an oral or implied arrangement. While plaintiff alleged that T&H had served as its insurance broker for approximately 12 years and that it had exclusively undertaken...

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