Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Carol H. Arber, J.).
Plaintiff failed to state any independent theory of liability as against the defendant insurance agents, except those sounding in indemnity or contribution. Since the plaintiff insurer prevailed in the main action, no subsequent claim of indemnity and/or contribution may be asserted (cf., Ulysse v. Nelsk Taxi, 135 A.D.2d 528, lv denied 73 N.Y.2d 702; compare, Cohen Agency v Perlman Agency, 51 N.Y.2d 358).
Concur — Sullivan, J.P., Rosenberger, Asch, Kassal and Rubin, JJ.