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Public Serv. Mut. Ins. Co. v. Windsor Place

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1997
238 A.D.2d 142 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about September 11, 1996, which denied defendants' motion for summary judgment, unanimously affirmed, with costs.

The motion was properly denied as multiple summary judgment motions in the same action should be discouraged in the absence of newly discovered evidence or sufficient cause ( see, La Freniere v. Capital Dist. Transp. Auth., 105 A.D.2d 517). In any event, that part of the lease waiving subrogation specifically required a clause in the releasors' insurance policies stating that such a waiver would not invalidate the insurance, and, in this respect, defendants' submissions were insufficient. Moreover, because the liability arose out of a part of the premises not leased to the insured, the subject risk was not the very one for which the insured was covered and therefore the anti-subrogation rule is inapplicable ( cf., North Star Reins. Co. v. Continental Ins. Co., 82 N.Y.2d 281).

Concur — Rosenberger, J.P., Rubin, Williams and Andrias, JJ.


Summaries of

Public Serv. Mut. Ins. Co. v. Windsor Place

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 1997
238 A.D.2d 142 (N.Y. App. Div. 1997)
Case details for

Public Serv. Mut. Ins. Co. v. Windsor Place

Case Details

Full title:PUBLIC SERVICE MUTUAL INSURANCE CO., as Subrogee of RICHARD # 1, INC.…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 142 (N.Y. App. Div. 1997)
655 N.Y.S.2d 947

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