Opinion
May 28, 1993
Appeal from the Supreme Court, Onondaga County, Stone, J.
Present — Denman, P.J., Green, Balio, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment dismissing the third-party action on the ground that the real party in interest, CNA Insurance Companies, is attempting through the third-party action to be subrogated to a claim against its own insured (see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 468; Fowler v Stillwater Assocs., 169 A.D.2d 226, 227-228). Further, by requiring third-party defendant to procure insurance naming itself as an additional insured, third-party plaintiff waived any right of contribution or common-law indemnity up to the limits of the policies (see, Rocovich v Consolidated Edison Co., 167 A.D.2d 524, 526, affd 78 N.Y.2d 509; Michalak v Consolidated Edison Co., 166 A.D.2d 213, 214, lv dismissed 77 N.Y.2d 989).