Opinion
October 26, 1993
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
In addition to the normal exculpatory clauses, the contract between defendant and plaintiff's insured contained a waiver of subrogation clause pursuant to which plaintiff's insured released and discharged defendant, on behalf of itself and all those claiming under it, from all hazards covered by insurance, and it was further expressly agreed that no insurance company would have a right of subrogation against the defendant. Such clauses have been held to bar claims by insurers in other instances (see, Federal Ins. Co. v. Zwicker Elec. Co., 144 A.D.2d 632; Trump-Equitable Fifth Ave. Co. v. H.R.H. Constr. Corp., 106 A.D.2d 242, affd 66 N.Y.2d 779), and we see no reason to depart from those holdings in this case.
Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.