FREMONT REALTY, INC. v. P & N IRON WORKS, INC.


39 A.D.3d 586 (2007)

831 N.Y.S.2d 920

FREMONT REALTY, INC., Appellant, v. P & N IRON WORKS, INC., et al., Defendants, and ZURICH AMERICAN INSURANCE CO., Respondent.

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

Decided April 10, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

On its motion for summary judgment dismissing the complaint insofar as asserted against it, the defendant Zurich American Insurance Co. (hereinafter Zurich), which had issued a particular insurance policy to the plaintiff, demonstrated its entitlement to judgment as a matter of law by submitting evidence establishing, inter alia, that it had no duty to advise the plaintiff to obtain certain additional...

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