Wender v. Gilberg Agency, Inc.

Judgment, Supreme Court, New York County (Walter Tolub, J.), entered August 26, 2002, dismissing the complaint, and bringing up for review an order, same court and Justice, entered August 12, 2002, which, in an action against an insurance agency and an insurance agent for fraud in the procurement of a policy of disability insurance for plaintiff, inter alia, granted defendants’ motions for summary judgment, unanimously affirmed, with costs.

Plaintiff claims that he relied on the agent’s advice in purchasing one disability policy and surrendering another; that he would not have relied on such…