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  5. 162 A.D.2d 176 (1990)
 

HARLINGTON REALTY CORP. v. S.L.G. DISC. CORP.

162 A.D.2d 176 (1990)

Harlington Realty Corp., Respondent, v. S.L.G. Discount Corp., Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 12, 1990

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...

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