
    (November 10, 2003)
    Bella Garden Polish American Deli, Inc., Doing Business as Baleron, Respondent, v James D. Vavas, Appellant.
    [767 NYS2d 383]
   In an action, inter alia, to recover damages for negligence in the procurement of insurance coverage, the defendant appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated December 10, 2002, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

There are issues of fact requiring the denial of summary judgment. Smith, J.E, Krausman, McGinity and Rivera, JJ., concur.  