Stratford v Chrysler Fin. Co., LLC
2006 NY Slip Op 01608 [27 AD3d 452]
March 7, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


John E. Stratford, Jr., Plaintiff,
v
Chrysler Financial Company, LLC, Respondent, and Edward Avin et al., Appellants.

—[*1]In an action to recover damages for personal injuries, the defendants Edward Avin and Rosalie Avin appeal from an order of the Supreme Court, Richmond County (Giacobbe, J.), entered August 18, 2005, which denied their motion for leave to serve a third-party complaint against their insurance company.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is granted.

Under the circumstances, the Supreme Court should have granted the appellants' motion for leave to serve a third-party complaint against their insurance company (see CPLR 1007; cf. Lucci v Lucci, 150 AD2d 649, 650 [1989]). Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.