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ATLANTIC MUTUAL INSURANCE COMPANY v. SOIEFER BROS. REALTY CORP.

281 A.D.2d 441 (2001)

721 N.Y.S.2d 554

ATLANTIC MUTUAL INSURANCE COMPANY, Appellant, v. SOIEFER BROS. REALTY CORP., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 12, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the "waiver of subrogation" clause contained in the insurance policy issued by the plaintiff to Kepco, Inc., the tenant of Soiefer Bros. Realty Corp. (hereinafter Soiefer), precludes recovery by the plaintiff on its subrogation claims against Soiefer (see, Kaf-Kaf, Inc. v Rodless Decorations, 90 N.Y.2d 654;...

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