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STATE FARM FIRE & CASUALTY COMPANY v. PULSE CREATIVE, LLC

No. 160973/19. Appeal No. 16502. Case No. 2021-04112.

209 A.D.3d 570 (2022)

175 N.Y.S.3d 471

2022 NY Slip Op 05934

State Farm Fire & Casualty Company, as Subrogee of Tillamock N.V., Inc., Appellant, v. Pulse Creative, LLC, Respondent.

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

Decided October 20, 2022.

Attorney(s) appearing for the Case

Stuart D. Markowitz, P.C., New York (Thomas Torto, of counsel) for appellant.

Law Offices of Fishman and Cabrera, Tarrytown (Robert Adamo, of counsel) for respondent.

Concur—Gische, J.P., Kern, Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (James D'Auguste, J.), entered on or about October 14, 2021, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff insurer's claim for damages arising from a burst water pipe, which caused damage to the demised premises and to parts of the building outside the demised premises, is barred by the provision of the lease waiving both parties' rights of subrogation...

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