Harlington Realty Corp. v. S.L.G. Discount

Full title: HARLINGTON REALTY CORP., Respondent, v. S.L.G. DISCOUNT CORP., Appellant…

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

Date published: Jun 12, 1990

162 A.D.2d 176 (N.Y. App. Div. 1990)

556 N.Y.S.2d 308

Opinion

June 12, 1990

Appeal from the Supreme Court, New York County (Edward J. Greenfield, J.).

In this action by plaintiff's insurer, the lease provided for mutual release and waiver of the right of subrogation by either party's insurer, only if each party's insurance policy contained a clause providing that such a release or waiver would not invalidate the policy or increase its premiums. Plaintiff's insurer clearly reserved its right to subrogate for losses based upon claims paid by it on the insured's behalf. Accordingly, there was no valid mutual release and waiver of the right to subrogation, and plaintiff's insurer was thus entitled to maintain this claim.

Concur — Murphy, P.J., Carro, Asch, Ellerin and Smith, JJ.