Bibikoff v New York Cent. Mut. Fire Ins. Co. (2005 NY Slip Op 50337(U))

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Bibikoff v New York Cent. Mut. Fire Ins. Co.

2005 NY Slip Op 50337(U)

Decided on March 17, 2005

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 17, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.

HON. WILLIAM J. DAVIS HON. MARTIN SCHOENFELD, Justices.

Bazyli Bibikoff, 570619/04 Plaintiff-Appellant, 04-399

against

New York Central Mutual Fire Insurance Company, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court, New York County, entered July 14, 2004 (Cynthia S. Kern, J.), which granted defendant's motion for summary judgment dismissing the complaint.

PER CURIAM:

Order entered July 14, 2004 (Cynthia S. Kern, J.) affirmed, without costs.

This 2004 personal injury action, arising out of a vehicular collision that occurred in 1998, names but a single defendant, the insurance carrier of the alleged tortfeasor. As Civil Court properly recognized in granting summary judgment dismissal, the action was both untimely commenced (see CPLR 214[5]) and 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 Ins. Co., 3 NY3d 350 [2004]).

This constitutes the decision and order of the court.
Decision Date: March 17, 2005