Opinion
February 4, 1992
Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).
Order of the same court, entered August 6, 1991, which granted defendant GA's motion to renew and reargue, and upon renewal and reargument, adhered to the prior order entered May 29, 1991, unanimously affirmed.
A distinction between agents and brokers has long been recognized (see, Allen v. German Am. Ins. Co., 123 N.Y. 6; 3 Couch, Insurance § 25.93 [2d ed]). The true role and identity of each entity involved in obtaining the insurance at issue herein has yet to be demonstrated. At this juncture, issues of fact exist as to whether PJM Brokerage Corp. acted as a broker for plaintiff or as agent for defendant GA Insurance, as well as whether the notices of cancellation were properly mailed to plaintiff and its authorized agent or broker.
Concur — Murphy, P.J., Carro, Milonas, Asch and Kassal, JJ.