Opinion
570694/04
Decided June 20, 2005.
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County, entered September 22, 2004 (Cynthia S. Kern, J.) which granted defendant's motion to dismiss the action.
Order entered September 22, 2004 (Cynthia S. Kern, J.) affirmed, without costs.
Before: PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.
This action arising from a slip and fall which occurred in California in 2001 seeks recovery for "medical expenses" from defendant, the insurance carrier of the alleged tortfeasor with whom plaintiff settled her claims in March 2004 and which paid the full amount of the settlement. As Civil Court properly recognized in granting the motion to dismiss, the action is barred by Insurance Law § 3420, which precludes a direct action against a tortfeasor's insurer, where, as here, no judgment has been obtained against the tortfeasor ( see Lang v. Hanover Insurance Company, 3 NY3d 350). Dismissal of the action thus achieved "substantial justice" between the parties according to the rules and principles of substantive law ( see CCA 1807) and does not warrant appellate intervention ( see Blair v. Five Points Shopping Plaza, Inc., 51 AD2d 167).
This constitutes the decision and order of the court.