Bella Garden Polish Am. Deli v Vavas
2003 NY Slip Op 18189 [1 AD3d 390]
November 10, 2003
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


Bella Garden Polish American Deli, Inc., Doing Business as Baleron, Respondent,
v
James D. Vavas, Appellant.

—In an action, inter alia, to recover damages for negligence in the procurement of insurance coverage, the defendant appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated December 10, 2002, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

There are issues of fact requiring the denial of summary judgment. Smith, J.P., Krausman, McGinity and Rivera, JJ., concur.