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Hall v Liberty Mut. Auto Ins. Co.
2003 NY Slip Op 51607(U)
Decided on December 10, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 10, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., WINICK and SKELOS, JJ.
NO. 2003-508 N C

CARRIE B. HALL, Appellant,

against

LIBERTY MUTUAL AUTO INSURANCE CO., Respondent.


Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (T. Feinman, J.), entered September 11, 2002, in favor of defendant dismissing the action. Judgment unanimously affirmed without costs.


Plaintiff instituted this small claims action to recover for property damage to her vehicle as a result of an accident involving a vehicle allegedly insured by defendant. In the absence of a contractual or statutory provision, there is no privity between plaintiff, the injured party, and defendant, an insurer (see Taggart v State Farm Mut. Ins. Co., 272 AD2d 222 [2003]; see also 70A NY Jur 2d, Insurance § 1969). Thus, plaintiff has no right of action against defendant. We note that had plaintiff obtained a judgment against defendant's insured which remained unsatisfied for a period of 30 days, an action against defendant could be maintained (see Insurance Law § 3420; 71 NY Jur 2d, Insurance § 2356).
Decision Date: December 10, 2003