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GREAT AMERICAN INSURANCE COMPANY OF NEW YORK v. SIMPLEXGRINNELL LP

60 A.D.3d 456 (2009)

874 N.Y.S.2d 465

GREAT AMERICAN INSURANCE COMPANY OF NEW YORK et al., Appellants, v. SIMPLEXGRINNELL LP, Respondent.

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

Decided March 10, 2009.

The court properly found that the waiver of subrogation provision in the underlying sprinkler system servicing agreement was neither overreaching nor procedurally or substantively unconscionable (see Gillman v Chase Manhattan Bank, 73 N.Y.2d 1, 10 [1988]). We reject plaintiffs' contention that the waiver does not bar a claim for gross negligence. As the Court of Appeals has held, "[a] distinction must be drawn between contractual...

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