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GREAT AMERICAN INSURANCE COMPANIES v. BEARCAT FINANCIAL SERVICES, INC.

6375, 103565/08, 590789/09.

90 A.D.3d 533 (2011)

934 N.Y.S.2d 413

2011 NY Slip Op 9168

GREAT AMERICAN INSURANCE COMPANIES et al., Plaintiffs, v. BEARCAT FINANCIAL SERVICES, INC., et al., Defendants. PATRICK HAYES, Third-Party Plaintiff-Appellant, v. DRESDNER, KLEINWORT, WASSERSTEIN SERVICES, LLC, Third-Party Defendant-Respondent.

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

Decided December 20, 2011.

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 A.D.2d 171, 172 [1998]). Accordingly, the third-party complaint was properly dismissed.

Because the third-party claim was plainly defective, the motion court providently...

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