Legal Opinion
Great American Insurance Companies v. Bearcat Financial Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 6 opinions
1Opinion of the Court
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…
2Cases cited2 opinions
- Pickens v. CastroAppellate Division of the Supreme Court of the State of New York · 2008
- Mathis v. Central Park Conservancy, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Torres v. 63 Perry Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Robinson v. Brooks Shopping Centers, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Bohn v. 176 W. 87th St. Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- AQ Asset Management LLC v. LevineAppellate Division of the Supreme Court of the State of New York · 2016
- Freidman v. YakovAppellate Division of the Supreme Court of the State of New York · 2016
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