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General Electric Capital Auto Lease, Inc. v. Van Helden

260 A.D.2d 347 Court N.Y. App. Div. Decision date 1999-04-05 English

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p. 347
General Electric Capital Auto Lease, Inc., Plaintiff, v Hubert Van Helden et al., Defendants, and Allstate Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Henry J. Bosio, Third-Party Defendant-Respondent.
[686 NYS2d 324]

—In an action to recover damages for breach of contract, the defendant third-party plaintiff Allstate Insurance Company appeals from an order of the Supreme Court, Nassau County (McCarty, J.), dated March 2, 1998, which granted the motion of the third-party defendant Henry J. Bosio pursuant to CPLR 3211 (a) (7) to dismiss the third-party complaint for failure to state a cause of action.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that since no privity existed between the third-party plaintiff and the third-party defendant, the third-party complaint failed to state a cause of action. Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.