| Old Republic Gen. Ins. Corp. v K&M Architectural Window Prods., Inc. |
| 2019 NY Slip Op 00205 [168 AD3d 475] |
| January 10, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Old Republic General Insurance Corp., as Subrogee of J.E.
Levine Builders, Inc., et al., Appellants, v K&M Architectural Window Products, Inc., Respondent. Old Republic General Insurance Corp., as Subrogee of J.E. Levine Builders, Inc., et al., Appellants, v K&M Architectural Window Products, Inc., Respondent. |
Ken Maguire & Associates, PLLC, Wantagh (Kenneth R. Maguire of counsel), for appellants.
Goldberg Segalla, White Plains (Michael P. Kandler of counsel), for respondent.
Orders, Supreme Court, New York County (Melissa Crane, J.), entered September 13, 2017 and November 1, 2017, which denied plaintiff's motions for summary judgment declaring the antisubrogation rule inapplicable and dismissing the ninth affirmative defense, declared the antisubrogation rule applicable, and granted defendant's motions for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Plaintiff's claims are barred by the antisubrogation rule (see Parache v DD 11th Ave. LLC, 126 AD3d 441, 442 [1st Dept 2015]). Concur—Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.