Opinion
2001-01577
Argued November 19, 2001.
December 17, 2001.
In an action, inter alia, to recover damages for unfair trade practices, fraud, and negligent misrepresentation, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated January 23, 2001, as granted the motion by the third-party defendant for summary judgment dismissing the first cause of action in the third-party complaint seeking common-law indemnification and denied its cross motion for summary judgment on that cause of action.
Lustig Brown, LLP, Buffalo, N.Y. (Randolph E. Sarnacki and Stephen Cunningham of counsel), for defendant third-party plaintiff-appellant.
L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Monte E. Sokol and John D. McKenna of counsel), for third-party defendant-respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The cause of action of the defendant third-party plaintiff, City Underwriting Agency, Inc. (hereinafter City), for common-law indemnification was properly dismissed. The record demonstrates that City was not free of negligence because it issued insurance binders with incorrect information (see, Kagan v. Jacobs, 260 A.D.2d 442; see also, Henderson v. Waldbaums, 149 A.D.2d 461; County of Westchester v. Becket Assoc., 102 A.D.2d 34, affd 66 N.Y.2d 642).
KRAUSMAN, J.P., LUCIANO, FEUERSTEIN and COZIER, JJ., concur.