Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court

Attorney Steven DeBraccio successfully obtained summary judgment and dismissal of plaintiff’s entire complaint in Supreme Court, Albany County, where plaintiff was seeking $40,000 in damages (the value of a Mercedes Benz). Plaintiff argued that the client insurer breached the contract between the client insurer and the vehicle owner (insured), that plaintiff was a third-party intended beneficiary, and that plaintiff was entitled to an equitable lien. Mr. DeBraccio argued, among other things, that the client insurer did not have a contract with plaintiff, and that under Georgia law, plaintiff was not an intended beneficiary and took the contract subject to the limitations therein, such as one requiring cooperation in an investigation for a proof of loss (with which the insured failed to cooperate). Finally, Mr. DeBraccio argued that plaintiff could not proceed in equity because it could recoup its losses by suing the insured.