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ONE BEACON INSURANCE COMPANY v. FRENCH INSTITUTE ALLIANCE FRANCAIS NYC

50 A.D.3d 388 (2008)

858 N.Y.S.2d 91

ONE BEACON INSURANCE COMPANY, as Subrogee of Dooney & Bourke, Inc., Appellant, v. FRENCH INSTITUTE ALLIANCE FRANCAIS NYC, Respondent, et al., Defendants.

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

Decided April 10, 2008.

Dooney & Bourke was a tenant in a building owned by FIAF, which also occupied the upstairs premises, and its lease provided for a waiver of subrogation with respect to claims alleging damages to its premises. In January 2005 water was discharged from FIAF's premises into Dooney & Bourke's, resulting in damage. Plaintiff, Dooney & Bourke's insurer, reimbursed it for the loss, and commenced this subrogation action against...

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