Liberty Mutual Insurance v. Clark

In an action for indemnification, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Dunn, J.), entered April 19, 2001, which granted the motion of the defendants Larry Clark, Jr., and A One A Auto Co., Inc., to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (7) and (5).

Ordered that the order is affirmed, with costs.

On October 22, 1992, the plaintiff’s insured, Rita Cordovi, was injured as the result of an automobile accident involving her car and a vehicle owned by the defendant A One A Auto Co., Inc., and operated by the defendant…