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TRAVELERS INDEMNITY COMPANY v. ZEFF DESIGN

60 A.D.3d 453 (2009)

875 N.Y.S.2d 456

TRAVELERS INDEMNITY COMPANY, as Successor in Interest by Merger to GULF INSURANCE COMPANY as Subrogee of LEIBOVITZ STUDIO INC., et al., Respondents-Appellants, v. ZEFF DESIGN et al., Defendants, Z ONE DESIGN, LLC, Appellant, and HAGE ENGINEERING et al., Respondents.

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

Decided March 10, 2009.

There was no waiver of subrogation in the contract and rider at issue. The court correctly found the rider did not incorporate certain provisions in the American Institute of Architects (AIA) forms which provide for a waiver of subrogation. Specifically, the "contract documents" referred to in paragraph 3 (d) (ii) of the rider are not the contract and rider. Rather, that paragraph undoubtedly referred to contracts Z One was to enter into with its subcontractors. Accordingly...

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