Opinion
2012-11-13
46TH STREET DEVELOPMENT, LLC, Plaintiff–Appellant, v. MARSH USA, INC., Defendant–Respondent.
Greenberg, Trager & Herbst, LLP, New York (Stuart Rosen of counsel), for appellant. Seyfarth Shaw LLP, New York (Jonathan P. Wolfert of counsel), for respondent.
Greenberg, Trager & Herbst, LLP, New York (Stuart Rosen of counsel), for appellant. Seyfarth Shaw LLP, New York (Jonathan P. Wolfert of counsel), for respondent.
Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about August 25, 2011, which granted defendant's motion to dismiss the complaint for failure to state a cause of action, deemed an appeal from the judgment, same court and Justice, entered October 18, 2011, dismissing the complaint (CPLR 5501[c] ), and, so considered, the judgment unanimously affirmed, with costs.
Plaintiff failed to state a cause of action based on defendant's failure to procure insurance coverage for a delay in obtaining temporary certificates of occupancy (TCO coverage) for the subject condominiums. Absent a specific request for the insurance, defendant, as broker, had no duty to obtain coverage ( see Hoffend & Sons, Inc. v. Rose & Kiernan, Inc., 7 N.Y.3d 152, 157–158, 818 N.Y.S.2d 798, 851 N.E.2d 1149 [2006] ). Here, there is no evidence that plaintiff specifically requested that defendant obtain TCO coverage. Nor was there a special relationship between the parties ( see *501Murphy v. Kuhn, 90 N.Y.2d 266, 272, 660 N.Y.S.2d 371, 682 N.E.2d 972 [1997] ).
We have considered plaintiff's remaining arguments and find them unavailing.