Waiver in Lease Agreement Bars Insurer's Action Against Landlord
February 17, 2009
DOCUMENTS
- Order
NEW YORK - A New York trial court has dismissed an insurer's $1.43 million claim against a commercial landlord, saying a waiver of subrogation clause in the lease between the landlord and insured tenant is valid. American Motorists Insurance Co. v. Manhattan Emergency Door Corp., et al., 20766/05 (N.Y. Sup., N.Y. Cty.).
Justice Martin M. Solomon of the Kings County (N.Y.) Supreme Court also granted summary judgment to a general contractor and subcontractor who worked on the building's original construction. The justice said in his Jan. 26 order that there was no evidence that either owed a duty to the …
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