Investors Insurance of America v. Mount Vernon Fire Insurance
Opinion of the Court
—Order, Supreme Court, New York County (Lorraine Miller, J.), entered on or about February 6, 1996, which granted third-party defendant’s motion to dismiss the third-party complaint, unanimously affirmed, with costs.
The first three causes of action of the third-party complaint, sounding in professional malpractice, breach of contract and
As to the fourth cause of action of the third-party complaint seeking indemnification, the third-party plaintiff has failed to demonstrate an independent right of recovery for third-party defendant’s breach of a duty, based upon either contract or implied obligation, owed to plaintiff or itself. Accordingly, the fourth cause of action fails to state a cognizable claim (see, Kemron Envtl. Servs. v Environmental Compliance, 184 AD2d 755). Concur—Murphy, P. J., Sullivan, Rubin, Ross and Williams, JJ.
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