776 South Orange Avenue, Inc. v. Phoenix Insurance

Judgment, Supreme Court, New York County, entered on March 3, 1972, dismissing the complaint as to all defendants, unanimously modified, on the law, so as to reinstate the complaint as to defendant Rudges & Company only, and otherwise affirmed, without costs and without disbursements. In our view the evidence established a prima facie case against the insurance broker, defendant-respondent Rudges & Company. Plaintiff-appellant has shown sufficient facts to indicate a course of conduct by Rudges & Company that lulled appellant into a false sense of security, caused appellant to continue its…