PILSENER BOTTLING CO., INC. v. SUNSET PARK INDUS. ASSOCS.


201 A.D.2d 548 (1994)

607 N.Y.S.2d 961

Pilsener Bottling Company, Inc., Appellant, v. Sunset Park Industrial Associates et al., Respondents, et al., Defendants

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

February 14, 1994


Ordered that the order is affirmed, with costs.

The defendant, Sunset Park Industrial Associates (hereinafter Sunset), as landlord, entered into a lease with the plaintiff, Pilsener Bottling Company, Inc. (hereinafter Pilsener). The agreement included a subrogation-waiver clause which stated: "Landlord and Tenant hereby waive the right of recovery, one against the other, with respect to losses covered by policies of insurance protecting against fire, extended coverage...

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