Wender v. Gilberg Agency

Order, Supreme Court, New York County (Elliott Wilk, J.), entered September 3, 1999, which, insofar as appealed by plaintiff insured (Wender), granted the motion of defendant insurance agent (Balberg) to dismiss the complaint as against him to the extent it asserts common-law fraud, and, insofar as appealed by defendants insurance agency and its principal (Gilberg) and by Balberg, denied their motions to dismiss the remainder of the complaint, unanimously modified, on the law, to reinstate the complaint to the extent it asserts fraud as against Balberg, and to dismiss all claims brought…