LINCOLN v. CRYSTAL APTS. GROUP

ORDERED that the application is granted, and the cross appeal by F L Claims Service, Inc., is dismissed as academic, without costs or disbursements; and it is further,

ORDERED that the order is modified by deleting the provision thereof denying that branch of the motion of the third-party defendants St. Paul Mercury Insurance Company, a/k/a St. Paul Fire Marine Insurance Company and F L Claims Service, Inc., which was to dismiss the second and third causes of action in the third-party complaint insofar as asserted against the third-party defendant St. Paul Mercury Insurance Company, a/k/a St. Paul Fire Marine Insurance Company, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court should have dismissed the second and third causes of action sounding in fraud and alleging bad faith, respectively, insofar as asserted against the third-party defendant St. Paul Mercury Insurance Company, a/k/a St. Paul Fire Marine Insurance Company, for failure to state causes of action ( see CPLR 3016; see New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 316).

The parties' remaining contentions are without merit.

GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.