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GIBRALTAR CONTR., INC. v. P.F. NORTHEAST BROKERAGE, INC.

Index No. 25127/18. Appeal No. 12521. Case No. 2020-03012.

189 A.D.3d 432 (2020)

137 N.Y.S.3d 330

2020 NY Slip Op 07273

Gibraltar Contracting, Inc., Respondent, v. P.F. Northeast Brokerage, Inc., Doing Business as PF Northeast Brokerage, Inc., Appellant.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Sullivan & Klein, LLP, New York ( Frederick M. Klein of counsel), for appellant.

Law Office of John J. Janiec, New York ( John J. Janiec of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Singh, Scarpulla, JJ.

To set forth a case for negligence or breach of contract against an insurance broker, a plaintiff must establish that a specific request was made to the broker for the coverage that was not provided in the policy (American Bldg. Supply Corp. v Petrocelli Group, Inc., 19 N.Y.3d 730, 735 [2012]). Issues of fact are presented by the parties' conflicting testimony as to their expectations with respect to obtaining insurance coverage...

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