Utica First Insurance v. Floyd Holding, Inc.

—In an action, inter alia, to recover damages for negligent misrepresentation, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated March 7, 2001, as, upon reargument, granted the motion of the defendant RVI Insurance Agency, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff issued an insurance policy to the defendant Floyd Holding, Inc. (hereinafter Floyd), allegedly in reliance upon an application for insurance which stated…