Parache v. DD 11th Avenue LLC

126 A.D.3d 441, 2 N.Y.S.3d 352

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 5, 2015
• Docket: 14425 100839/09 590638/10 590718/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Richard F. Braun, J.), entered July 3, 2014, which, insofar as appealed from as limited by the briefs, granted the motion of defendant/ third-party defendant Mastercraft Masonry I, Inc. (Mastercraft) and second third-party defendant SMEG Corporation (SMEG) for summary judgment dismissing all cross claims and third-party claims as against them, unanimously affirmed, with costs.

The record establishes that Mastercraft and SMEG were members of defendant-appellant JE Levine Builder Inc.’s Contractor Controlled Insurance Program. Accordingly, the antisubrogation rule bars the cross claims and third-party claims brought by defendants-appellants against Mastercraft and SMEG (see e.g. ELRAC, Inc. v Ward, 96 NY2d 58, 76-77 [2001]; Stranz v New York State Energy Research & Dev. Auth. [NYSERDA], 87 AD3d 1279, 1281-1282 [4th Dept 2011]).

Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Clark and Kapnick, JJ.