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Social Life Mag. Inc. v. Hudson Val. Agency Alliance LLC

Negligent Misrepresentation Claim Over Insurance Broker's Advice to Buy Policy Survives

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23 were read on this motion to/for DISMISS. DECISION + ORDER ON MOTION In this action alleging negligence and negligent misrepresentation, Defendant Kathryn E. Murphy Insurance Agency, Inc. (“Murphy”) moves for an order pursuant to CPLR 3211(a)(1) and (7) dismissing the Complaint against it in its entirety, with prejudice. Plaintiff Social Life Magazine, Inc., opposes the motion. Plaintiff is a commercial business operating in Manhattan. Defendants Murphy and Hudson Valley Agency Alliance, LLC (“Hudson Valley”) (collectively “Defendants”) are insurance brokers used by Plaintiff beginning in 2009. Plaintiff alleges that in April and May of 2019, it worked with Defendants to secure an insurance policy. Plaintiff sought a policy that would cover “all risks that were beyond [its] control” including “business interruption from any and all catastrophic events” (NYSCEF Doc. No. 1, Complaint

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