Opinion
May 11, 1987
Appeal from the Supreme Court, Westchester County (Martin, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Travelers' cross appeal is dismissed for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.8, 670.20 [d]; Kapchan v. Kapchan, 104 A.D.2d 358).
The plaintiffs are not entitled to partial summary judgment against their insurer Travelers, with respect to the issue of indemnity on the ground that Travelers violated Insurance Law § 3420 (d) by failing to give the injured parties prompt notice of its denial of coverage (see, Zappone v. Home Ins. Co., 55 N.Y.2d 131; Allstate Ins. Co. v. Gross, 27 N.Y.2d 263). The plaintiffs have no standing to assert this statutory violation, since they have not suffered an injury as the result thereof and they are not within the zone of interest which the statutory requirement of notice to the injured parties seeks to protect (see, Matter of District Attorney of Suffolk County, 58 N.Y.2d 436, 442; Dunn v. Fishbein, 123 A.D.2d 659, 660).
Furthermore, the existence of issues of fact regarding the plaintiffs' claims of estoppel against Travelers and their claims of negligence against the defendant Charles A.J. Yeager Agency, Inc. preclude the granting of partial summary judgment with respect to those claims.
We have considered the remaining contentions of the parties and find them to be without merit. Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.