Opinion
2010-05628.
Decided on November 29, 2011.
In an action to recover damages for negligent procurement of insurance coverage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated April 16, 2010, which granted that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211(a)(1) to dismiss the complaint.
ORDERED that the order is affirmed, with costs.
Kenneth Geller, P.C., Inwood, N.Y., for appellant.
Milber, Makris, Plousadis Seiden, LLP, Woodbury, N.Y., (Lorin A. Donnelly and Heather A. Morante of counsel), for respondents.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, ROBERT J. MILLER, JJ.
DECISION ORDER
Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211(a)(1) to dismiss the complaint. The documentary evidence submitted by the defendants, including the application for insurance signed by the plaintiff's president and the resulting policy of insurance furnished by the defendants to the plaintiff, conclusively disposed ( see Leon v Martinez, 84 NY2d 83, 88; Fontanetta v John Doe I , 73 AD3d 78 , 83) of the plaintiff's claims that the defendants procured insurance coverage in an amount other than that requested by the plaintiff ( see Sung v Kyung Ip Hong, 254 AD2d 271, 272). Moreover, the plaintiff is "conclusively presumed to have read and assented to the terms of the . . . policy" ( Loevner v Sullivan Strauss Agency, Inc. , 35 AD3d 392 , 394; see Portnoy v Allstate Indem. Co. , 82 AD3d 1196 , 1198; Maple House, Inc. v Alfred F. Cypes Co., Inc. , 80 AD3d 672 ; Stilianudakis v Tower Ins. Co. of N.Y. , 68 AD3d 973 , 974; Catalanotto v Commercial Mut. Ins. Co., 285 AD2d 788, 790-791; Rotanelli v Madden, 172 AD2d 815), and therefore cannot claim that it believed that it possessed greater coverage than that set forth in the policy.
The plaintiff's remaining contentions are either improperly raised for the first time on appeal or without merit.
MASTRO, J.P., CHAMBERS, SGROI and MILLER, JJ., concur.