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FOREMOST FURNITURE SHOWROOM, INC. v. 830 WEST COMPANY

2754, 106542/06, 400880/06, 107781/06, 590822/06

73 A.D.3d 491 (2010)

899 N.Y.S.2d 836

FOREMOST FURNITURE SHOWROOM, INC., Plaintiff, v. 830 WEST COMPANY et al., Defendants. CHARTER OAK FIRE INSURANCE COMPANY, as Subrogee of Foremost Furniture Showroom, Inc., et al., Appellants, v. 830 WEST COMPANY et al., Respondents, et al., Defendant. (And Other Actions.)

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

Decided May 11, 2010.

While the waiver of subrogation in each tenant's lease refers only to the "Owner," case law indicates that it applies to the management company as well (see Insurance Co. of N. Am. v Borsdorff Servs., 225 A.D.2d 494 [1996]; Pilsener Bottling Co. v Sunset Park Indus. Assoc., 201 A.D.2d 548 [1994]). Notably, the leases here were offered to the tenants through the management company...

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