Opinion
September 26, 1995
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
The evidence clearly demonstrates that Walter Kaye Associates was an insurance broker for plaintiff and not an insurance agent of defendant National. Accordingly, any negligence on the part of Walter Kaye in procuring insurance for plaintiff cannot be imputed to defendant National ( see, Matco Prods. v Boston Old Colony Ins. Co., 104 A.D.2d 793, 796). Indeed, National has performed its obligations pursuant to the insurance policy in effect at the time of plaintiff's loss.
Concur — Sullivan, J.P., Ellerin, Kupferman, Ross and Tom, JJ.