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RICHTER v. 210 EQUITIES CORP.

216 A.D.2d 106 (1995)

628 N.Y.S.2d 93

Claire Richter, Individually and as Parent and Guardian of Jacqueline Richter, an Infant, et al., Plaintiffs, v. 210 Equities Corp. et al., Defendants. (Action No. 1.) Dawn Sickles, Plaintiff, v. 210 Equities Corp. et al., Defendants and Third-Party Plaintiffs, et al., Third-Party Defendant. (Action No. 2.) Continental Insurance Company, as Successor of Patricia A. Locke, Plaintiff, v. Claire Richter et al., Defendants. (Action No. 3.) Lufkin Realty Co., Third-Party Plaintiff, v. Nathan Baruch Agency, Third-Party Defendant and Fourth-Party Plaintiff-Appellant. Public Service Mutual Insurance Company, Fourth-Party Defendant-Respondent. (Action No. 4.)

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

June 15, 1995

As the fourth-party plaintiff insurance broker does not and cannot dispute, it cannot look to the insurer for indemnification of the amount it must pay to its client solely by reason of its own negligence (Fanta-Sea Swim Ctr. v Rabin, 113 A.D.2d 1011). A party will not be permitted to use artful pleading to salvage, by rewording, a cause of action that is fatally deficient (see, Matter of Entertainment Partners Group v...

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