McManus-Tessitore Agency v. Albin Construction Corp.

Appeal from an order of the Supreme Court at Special Term, entered May 25, 1977 in Delaware County, which granted plaintiff’s motion for summary judgment on its first cause of action and directed that an assessment of damages be made. Plaintiff is an insurance broker and agent. It brought this action to recover premiums allegedly due on insurance policies procured on defendants’ behalf. Plaintiff moved for summary judgment and Special Term granted the motion on the question of liability, but refused to award damages until an assessment had been made. Defendants appealed, contending that…