McGarrity v. Judd Associates Ltd.

In an action to recover damages for defendant insurance broker’s failure to obtain a policy of fire insurance for plaintiff, alleging both negligence and breach of contract, and a third-party action by said insurance broker for indemnification against the third-party defendant insurer for its failure to accord plaintiff coverage for a fire loss, also based upon negligence and breach of contract, the *735third-party defendant appeals from so much of an order of the Supreme Court, Kings County (Adler, J.), dated September 27, 1983, as denied its motion for summary judgment dismissing the…