Davidson v. New Rochelle Agency, Inc.

In an action by the owners of a residence to, inter alia, recover damages due to the alleged failure of their insurance agent to procure adequate insurance for their property, the plaintiffs appeal from a judgment of the Supreme Court, Westchester County (Wood, J.), dated March 11, 1987, which, after a nonjury trial, dismissed the complaint for failure to establish that the defendant breached any agreement between the parties or failed to exercise due care and which, in effect, failed to sustain the plaintiffs’ counterclaim in a fourth-party action brought by the third-party defendant.

Ordered…