University Garden Apartments, L.P. v. Nationwide Mutual Insurance

Appellate Division of the Supreme Court of New York

University Garden Apartments, L.P. v. Nationwide Mutual Insurance

284 A.D.2d 975, 726 N.Y.S.2d 901, 2001 N.Y. App. Div. LEXIS 5972

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 2001

StatusPublished

Cited by3 cases

This text of 284 A.D.2d 975 (University Garden Apartments, L.P. v. Nationwide Mutual Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

University Garden Apartments, L.P. v. Nationwide Mutual Insurance, 284 A.D.2d 975, 726 N.Y.S.2d 901, 2001 N.Y. App. Div. LEXIS 5972 (N.Y. Ct. App. 2001).

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Opinion

Supreme Court properly granted the cross motion of Nationwide for summary judgment dismissing the amended complaint against it. Plaintiffs are strangers to the insurance policy issued to Dickerson, and they may not maintain a direct action against Nationwide to enforce Nationwide’s obligation under that policy unless a judgment against Dickerson is rendered and remains unsatisfied (see, Insurance Law § 3420 [a] [2]; [b] [2]; Abdalla v Yehia, 246 AD2d 373, 374; Hershberger v Schwartz, 198 AD2d 859, 860). We modify the order, however, by deleting the third ordering paragraph. (Appeal from Order of Supreme Court, Niagara County, Fricano, J. — Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.

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Supreme Court properly granted the cross motion of Nationwide for summary judgment dismissing the amended complaint against it. Plaintiffs are strangers to the insurance policy issued to Dickerson, and they may not maintain a direct action against Nationwide to enforce Nationwide’s obligation under that policy unless a judgment against Dickerson is rendered and remains unsatisfied (see, Insurance Law § 3420 [a] [2]; [b] [2]; Abdalla v Yehia, 246 AD2d 373, 374; Hershberger v Schwartz, 198 AD2d 859, 860). We modify the order, however, by deleting the third ordering paragraph. (Appeal from Order of Supreme Court, Niagara County, Fricano, J. — Summary Judgment.) Present — Green, J. P., Hayes, Hurlbutt, Scudder and Lawton, JJ.

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Bluebook (online)

284 A.D.2d 975, 726 N.Y.S.2d 901, 2001 N.Y. App. Div. LEXIS 5972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-garden-apartments-lp-v-nationwide-mutual-insurance-nyappdiv-2001.

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