Opinion
April 18, 1995
Appeal from the Supreme Court, New York County (Stuart Cohen, J.).
As the employee exclusion in the National Union insurance policy clearly bars coverage of Simpson Metal's employee's alleged on-the-job injuries (plaintiff Larson), the anti-subrogation rule does not apply here. (See, North Star Reins. Corp. v Continental Ins. Co., 82 N.Y.2d 281, 296.) We also note that there is insufficient evidence in the record to demonstrate that NAB Construction and Simpson Metal are "united in interest" and that a potential conflict of interest exists between them to warrant a disregard of their separate corporate identities. (See, Meshel v Resorts Intl., 160 A.D.2d 211, 213; and cf., Fireman's Ins. Co. v Wheeler, 165 A.D.2d 141.)
We have considered all other claims and find them to be meritless.
Concur — Murphy, P.J., Rubin, Asch and Mazzarelli, JJ