STATE NATIONAL INSURANCE COMPANY v. BERAKHA


22 A.D.3d 331 (2005)

802 N.Y.S.2d 149

STATE NATIONAL INSURANCE CO., as Subrogee of IMAGE CLOTHING, INC., Appellant, v. JACK BERAKHA, Respondent.

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

October 13, 2005.


The insurer argues that the late amendment, coupled with the landlord's failure, indeed refusal, to disclose his own insurance policy containing the requisite reciprocal consent to waiver of subrogation, until the eve of trial, caused it prejudice. We do not see how prejudice ensued, absent argument by the insurer that the action could have survived a timely interposed waiver of subrogation defense. The insurer fails to state what measures it could not now take in support...

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