It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
We affirm for reasons stated in the decision at Supreme Court. We add only that plaintiff has not preserved for our review its present contention that the waiver of subrogation provision in the policy at issue is not applicable to the breach of contract cause of action and, in any event, that contention is without merit (see American...
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