CONT'L INS. CO. v. FARON ENGRAVING CO., INC.


179 A.D.2d 360 (1992)

Continental Insurance Company, as Subrogee of Buda Graphics, Ltd., et al., Respondents, v. Faron Engraving Co., Inc., et al., Respondents, and Lenbar Enterprises, Inc., et al., Appellants. (And Two Other Actions.)

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

January 7, 1992


This is a subrogation action brought by plaintiff-respondent Continental Insurance Company to recover for water damages sustained by its insured, plaintiff-respondent Buda Graphics, Ltd., a subtenant in a building owned and managed by appellants. The sublease incorporated by reference the provisions of the lease. Paragraph 9 thereof contains a subrogation waiver provision which covers contingencies associated with the partial or total destruction of the demised premises....

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