TRANSAMERICA INS. CO. v. 615 CO.


208 A.D.2d 461 (1994)

618 N.Y.S.2d 217

Transamerica Insurance Company, as Subrogee of Steven Herman, M.D., P. C., Respondent, v. 615 Company, Appellant

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

October 25, 1994


The IAS Court correctly framed the issue to be "whether the damage is to tenant's property or to fixtures", and correctly found such to be an issue of fact (Matter of Dormitory Auth. [Milo Press], 172 A.D.2d 401) that precludes a summary determination of whether the waiver of subrogation clause is applicable (see, Continental Ins. Co. v Faron Engraving Co., 179 A.D.2d 360; Viacom...

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