(CPLR 3212[b] ; Merritt Hill Vineyards v. Windy Hgts. Vineyard, 61 N.Y.2d 106, 110–111, 472 N.Y.S.2d 592, 460 N.E.2d 1077 [1984] ; Anderson v. Colonial Penn Ins. Co., 179 A.D.2d 504, 578 N.Y.S.2d 199 [1st Dept.1992] ). On the facts presented, we conclude that summary judgment should be granted in Wausau's favor as to the Ramsarran underlying action and that the ninth and tenth causes of action in the complaint in the instant case should be dismissed.
In the absence of an unsatisfied judgment, plaintiff's direct action under Insurance Law § 3420 (a) (2) is precluded ( see Lang v. Hanover Ins. Co., 3 NY3d 350, supra). Under the circumstances presented herein, it is appropriate for this court to search the record and to grant summary judgment to the nonmoving defendant dismissing the complaint ( see Merritt Hill Vineyards v. Windy Hgts. Vineyard, 61 NY2d 106; cf. Anderson v. Colonial Penn Ins. Co., 179 AD2d 504).