Opinion
June 15, 1995
Appeal from the Supreme Court, New York County (Angela Mazzarelli, J.).
As the fourth-party plaintiff insurance broker does not and cannot dispute, it cannot look to the insurer for indemnification of the amount it must pay to its client solely by reason of its own negligence ( Fanta-Sea Swim Ctr. v. Rabin, 113 A.D.2d 1011). A party will not be permitted to use artful pleading to salvage, by rewording, a cause of action that is fatally deficient ( see, Matter of Entertainment Partners Group v. Davis, 198 A.D.2d 63, 64).
Concur — Rosenberger, J.P., Wallach, Rubin and Tom, JJ.