Rodriguez v. Investors Insurance Co. of America

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered July 1, 1992 upon a special jury verdict in favor of plaintiff and against defendant Michael A. Minichino in the sum of $40,000 plus interest and costs, unanimously reversed, on the law, the judgment vacated and the complaint dismissed, without costs.

Plaintiff, who operated a grocery store in Brooklyn, requested that his insurance broker, defendant Minichino, obtain fire insurance on the premises in the amount of $250,000. Defendant obtained a policy from defendant Investors Insurance Company of America on the…