Great American Insurance Companies v. Bearcat Financial Services, Inc.

Appellate Division of the Supreme Court of New York

Great American Insurance Companies v. Bearcat Financial Services, Inc.

90 A.D.3d 533, 934 N.Y.2d 413

Appellate Division of the Supreme Court of the State of New York·Decided December 20, 2011·Published·Cited by 6 cases

Opinion

Because the first-party complaint alleges that Hayes is liable based only on his own wrongdoing, his third-party claim that he is entitled to common-law indemnification from Dresdner does not state a cause of action (Mathis v Central Park Conservancy, 251 AD2d 171, 172 [1998]). Accordingly, the third-party complaint was properly dismissed.

Because the third-party claim was plainly defective, the motion court providently exercised its discretion in determining that it was frivolous and imposing sanctions and costs (see 22 NYCRR 130-1.1; Pickens v Castro, 55 AD3d 443 [2008]).

We have considered Hayes’s remaining contentions and find [534] them unavailing. Concur — Gonzalez, RJ., Mazzarelli, Andrias, Sweeny and Román, JJ.

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Because the first-party complaint alleges that Hayes is liable based only on his own wrongdoing, his third-party claim that he is entitled to common-law indemnification from Dresdner does not state a cause of action (Mathis v Central Park Conservancy, 251 AD2d 171, 172 [1998]). Accordingly, the third-party complaint was properly dismissed.

Because the third-party claim was plainly defective, the motion court providently exercised its discretion in determining that it was frivolous and imposing sanctions and costs (see 22 NYCRR 130-1.1; Pickens v Castro, 55 AD3d 443 [2008]).

We have considered Hayes’s remaining contentions and find [534] them unavailing. Concur — Gonzalez, RJ., Mazzarelli, Andrias, Sweeny and Román, JJ.

Great American Insurance Companies v. Bearcat Financial Services, Inc., 90 A.D.3d 533, 934 N.Y.2d 413 (N.Y. Ct. App. 2011).

Pincite

90 A.D.3d 533 (Great American Insurance Companies v. Bearcat Financial Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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