Appellate Terms of the Supreme Court of New York, 1977

Public Adjustment Bureau, Inc. v. Bankers Federal Savings & Loan Ass'n

Appellate Terms of the Supreme Court of New York · Decided June 14, 1977

91 Misc. 2d 118; 397 N.Y.S.2d 522; 1977 N.Y. Misc. LEXIS 2247

Counsel

Frank A. Weg and Ira M. Myers for appellant. Robert J. Fahey and Richard H. Huber for Bankers Federal Savings & Loan Association, respondent. Gwertzman, Nagelberg & Pfeffer for Hartford Fire Insurance Company and others, respondents.

Opinion of the Court

Per Curiam.

Judgment entered April 23, 1976 (Blyn, J.), dismissing the plaintiffs complaint after trial, is affirmed without costs. The trial court correctly concluded that in the absence of a written agreement between the plaintiff and the defendant bank, no obligation existed on the part of the defendant bank to pay the plaintiff a commission and the purported notice of lien, served by the plaintiff upon the defendant insurance companies, was without force and effect (Insurance Law, § 123, subd 3, par [b]). We, therefore, affirm on the opinion of Blyn, J., at Trial Term (83 Mise 2d 317).

Concur: Dudley, P. J., Hughes and Riccobono, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.