Allstate Indemnity Co. v. Virfra Holdings, LLC

124 A.D.3d 528, 998 N.Y.S.2d 625

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 26, 2015
• Docket: 155762/12 14022 14021
• Status: Published

Opinion

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered July 11, 2013, which, insofar as appealed from, granted the motion of defendant Virfra Holdings to dismiss the complaint as against it, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered March 13, 2014, which, inter alia, upon reargument, adhered to the original determination, unanimously dismissed, without costs, as academic.

The motion court correctly determined that the waiver of subrogation clause contained in the insurance policies and bylaws of the condominium association precluded this action. The nature of the loss that occurred herein was of the exact nature contemplated by the waiver of subrogation provision (see e.g. Kaf-Kaf Inc. v Rodless Decorations, 90 NY2d 654, 660 [1997]).

We have considered plaintiffs remaining arguments and find them unavailing.

Concur — Tom, J.E, Acosta, Saxe, Moskowitz and Feinman, JJ.