Appellate Division of the Supreme Court of the State of New York August 1, 2002 (Sutton Park Development Corp. Trading Co. v. Guerin & Guerin Agency Inc.)

—Mugglin, J.

A building on premises owned by plaintiffs in North Carolina collapsed during a storm on January 30, 2000. On being informed that this loss was uninsured, plaintiffs brought this action against the insurers (none of whom are parties to this appeal) and plaintiffs’ insurance broker, defendant Guerin & Guerin Agency Inc. (hereinafter Guerin).