Waiver of subrogation provision bars claim for fire loss, and language in lease rider not in conflict: Appellate Division affirms summary judgment for tenant

Travelers Indemnity Co. a/s/o Acme Architectural Products Inc. v. AA Kitchen Cabinet & Stone Supply, Inc. and Mutual Gas & Energy Corp., 2013 NY Slip Op 3322 (2nd Dep't 2013)

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The Appellate Division, Second Department, unanimously affirmed an Order which granted Summary Judgment to a tenant in a subrogation action for damage by fire.

The Court agreed that the tenant defendant showed that plaintiff's claims were barred by the waiver of subrogation clause in the lease between the tenant and the plaintiff's insured. The Court rejected arguments that a rider to the lease contained terms that superseded the terms in the form lease. The defendant showed that the rider terms merely supplemented the form terms and were not inconsistent, so that there was no conflict between them.

AGF&J partner Thomas R. Maeglin represented the defendant-respondent.


Thomas R. Maeglin