Page One Auto Sales, Inc. v. Brown & Brown of New York, Inc.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 6, 2010. The order denied the motion of plaintiff for summary judgment and granted the cross motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is modified on the law by denying defendant’s cross motion and reinstating the complaint and as modified the order is affirmed without costs.

Memorandum: Plaintiff, an automobile dealership, commenced this action seeking damages for the alleged breach by defendant, plaintiffs insurance broker, of its duty to procure…