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MAMMI v. AM. POLICYHOLDERS INS. CO.

52 A.D.2d 873 (1976)

Eugene Mammi et al., Appellants, v. American Policyholders Insurance Company, Sued Herein as American Mutual Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 10, 1976

Order affirmed, with $50 costs and disbursements.

In our opinion, the instant complaint fails to state a cause of action on a third-party beneficiary theory (cf. Embler v Hartford Steam Boiler Inspection & Ins. Co., 158 N.Y. 431; Jefferson v Sinclair Refining Co., 14 A.D.2d 238, affd 10 N.Y.2d 422; Duffy v Liberty Mut. Ins. Co., 58 Misc.2d 855

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