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BENEFICIAL NAT'L LIFE CO. v. SMALL

184 A.D.2d 241 (1992)

Beneficial National Life Company, Appellant, v. Melvin Small et al., Respondents

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

June 4, 1992

Plaintiff failed to state any independent theory of liability as against the defendant insurance agents, except those sounding in indemnity or contribution. Since the plaintiff insurer prevailed in the main action, no subsequent claim of indemnity and/or contribution may be asserted (cf., Ulysse v Nelsk Taxi, 135 A.D.2d 528, lv denied 73 N.Y.2d 702; compare, Cohen...

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