Legal Opinion · Dissent

Voss v. Netherlands Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 2012Published

1DissentGarni, J.

I respectfully dissent and would deny the motion of CH Insurance Brokerage Services, Co., Inc. (defendant) for summary judgment dismissing the amended complaint against it. At the outset, I note that I concur with my colleagues that “defendant’s own submission supports the contention that [Deborah Voss (plaintiff)] relied upon defendant’s expertise and assurance regarding the appropriate level of insurance to protect the corporate plaintiffs in the event of a loss.” Thus, I further concur with my colleagues that defendant failed to establish its entitlement to judgment dismissing the amended…

2Cases cited14 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Murphy v. KuhnNew York Court of Appeals · 1997
  3. Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
  4. Hoffend & Sons, Inc. v. Rose & Kiernan, Inc.New York Court of Appeals · 2006
  5. Baseball Office of the Commissioner v. Marsh & McLennan, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

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