McCreedy v. 37 West 46th Street Realty Corp.

Full title: McCREEDY AND SCHREIBER, INC., Respondent, v. 37 WEST 46TH STREET REALTY…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 4, 1996

228 A.D.2d 174 (N.Y. App. Div. 1996)

644 N.Y.S.2d 3

Opinion

June 4, 1996

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).

Neither the antisubrogation rule nor the provisions of the lease preclude plaintiff subrogee from recovering for the payment on plaintiff's claim for water damage to its inventory as a result of defendant's negligence. Defendant was insured by a different carrier, Allcity Insurance Company, for the risk covered herein and thus, the public policy considerations underlying the antisubrogation rule are inapplicable ( Wright v McCann Son, 216 A.D.2d 73).

Concur — Sullivan, J.P., Ellerin, Nardelli and Tom, JJ.