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DEMARI SERVICES INC. v. QUEENS MEDALLION BROKERAGE CORP.

Index No. 655885/20, Appeal No. 1670, Case No. 2022-05135.

2024 NY Slip Op 00801

DEMARI SERVICES INC., ET AL., Plaintiffs-Appellants, v. QUEENS MEDALLION BROKERAGE CORP., ET AL., Defendants-Respondents, ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, ET AL., Defendants.

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

Decided February 15, 2024.

Attorney(s) appearing for the Case

Marshall Conway Bradley Gollub & Weissman, P.C., New York ( Dylan J. Murphy of counsel), for appellants.

Winget, Spadafora & Schwartzberg, LLP, New York ( Christina M. Rieker of counsel), for Queens Medallion Brokerage Corp., respondent.

Keidel, Weldon and Cunningham, LLP, New York ( Howard S. Kronberg of counsel), for Scottish American Insurance General Agency, Inc., respondent.

Before: Moulton, J.P., Friedman, Gesmer, Mendez, Rodriguez, JJ.

Order, Supreme Court, New York County (Nancy Bannon, J.), entered October 4, 2022, which, to the extent appealed from as limited by the briefs, granted the separate motions of defendants Scottish American Insurance General Agency, Inc. and Queens Medallion Brokerage Corp. to dismiss the complaint as against them, unanimously modified, on the law, to deny the motion insofar as it sought to dismiss plaintiffs' claims for negligent misrepresentation, negligent failure to procure...

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