Legal Opinion
Lamendola v. Mossa
Civil Court of the City of New York
Decided December 15, 2000Published
1Opinion of the Court
OPINION OF THE COURT
Edgar G. Walker, J.
In June 1998 plaintiff commenced this action against defendant insurance brokers alleging causes of action for negligence, breach of contract and fraud. Defendants have moved to amend their answer to add an affirmative defense based on the Statute of Limitations and, upon amendment, to dismiss the complaint based on that defense. Plaintiff does not oppose the motion to amend and that motion is hereby granted. (CPLR 3025 [b].)
It is now established that an action against an insurance broker, whether the theory alleged is negligence or breach of contract,…
2Cases cited7 opinions
- Borgia v. City of New YorkNew York Court of Appeals · 1962
- Siegel v. KranisAppellate Division of the Supreme Court of the State of New York · 1968
- National Life Insurance v. Frank B. Hall & Co.New York Court of Appeals · 1986
- Wilkin v. Dana R. Pickup & Co.New York Supreme Court · 1973
- County of Broome v. Vincent J. Smith, Inc.New York Supreme Court · 1974
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