ATLANTIC MUTUAL INSURANCE COMPANY v. ELLIANA PROPERTIES


261 A.D.2d 296 (1999)

691 N.Y.S.2d 412

ATLANTIC MUTUAL INSURANCE COMPANY, as Subrogee of NAGA ANTIQUES, LTD., Appellant, v. ELLIANA PROPERTIES et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

Decided May 25, 1999.


Plaintiff insurer, suing as subrogee of its insured, the tenant of premises leased from defendant landlords, seeks to recover the insurance proceeds that plaintiff paid the tenant for property damage and other losses that allegedly were caused by the unlicensed contractor defendants had hired to renovate the apartment above the leased premises, during which work a water pipe was ruptured. We agree with the motion court that plaintiff's claim is barred by the provision of...

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