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Public Adjustment Bureau, Inc. v. Bankers Federal Savings & Loan Ass'n

91 Misc. 2d 118 Court Supreme Court, Appellate Term, First Department, Decision date 1977-06-14 English

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p. 118
Public Adjustment Bureau, Inc., Appellant, v Bankers Federal Savings & Loan Association et al., Respondents.
Supreme Court, Appellate Term, First Department,
June 14, 1977
Frank A. Weg and Ira M. Myers for appellant. Robert J. Fahey and Richard H. Huber for Bankers Federal Savings & Loan Association, respondent. Gwertzman, Nagelberg & Pfeffer for Hartford Fire Insurance Company and others, respondents.

Judgment entered April 23, 1976 (Blyn, J.), dismissing the plaintiffs complaint after trial, is affirmed without costs. The trial court correctly concluded that in the absence of a written agreement between the plaintiff and the defendant bank, no obligation existed on the part of the defendant bank to pay the plaintiff a commission and the purported notice of lien, served by the plaintiff upon the defendant insurance companies, was without force and effect (Insurance Law, § 123, subd 3, par [b]). We, therefore, affirm on the opinion of Blyn, J., at Trial Term (83 Mise 2d 317).

Concur: Dudley, P. J., Hughes and Riccobono, JJ.