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KAF-KAF, INC. v. RODLESS

90 N.Y.2d 654 (1997)

687 N.E.2d 1330

665 N.Y.S.2d 47

Kaf-Kaf, Inc., Appellant, v. Rodless Decorations, Inc., Respondent. (And a Related Action.) Rodless Decorations, Inc., Appellant, v. Kaf-Kaf, Inc., et al., Respondents, et al., Defendants. (And Related Actions.)

Court of Appeals of the State of New York.

Decided October 16, 1997.

Attorney(s) appearing for the Case

Gwertzman, Lefkowitz, Greenwald & Burman, New York City (Morton Greenwald and Roberta Burman of counsel), for appellant in the first above-entitled action.

O'Brien & Mayr, Rockville Centre (Nicholas P. Calabria, James M. O'Brien and William F. Gormley of counsel), for respondent in the first above-entitled action.

Gennet, Kallmann, Antin & Robinson, P. C., New York City (Michael J. Mernin of counsel), for appellant in the second above-entitled action.

Gwertzman, Lefkowitz, Greenwald & Burman, New York City (Morton Greenwald and Roberta Burman of counsel), for respondents in the second above-entitled action.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Chief Judge KAYE.

The central issue in these two actions is whether the waiver of subrogation clause contained in the parties' lease precludes the negligence claims of their subrogated insurance carriers. Concluding that it does, we affirm the orders of the Appellate Division.

Pursuant to a Standard Form Loft Lease, commonly used throughout the State, Kaf-Kaf, Inc. rented two floors of a building located...

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