U.S. UNDERWRITERS INSURANCE COMPANY v. GREENWALD

4390, 111375/08.

82 A.D.3d 411 (2011)

918 N.Y.S.2d 35

U.S. UNDERWRITERS INSURANCE COMPANY, as Subrogee of 200 East 69th Street, LLC, Respondent, v. JAMES GREENWALD et al., Appellants.

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

Decided March 1, 2011.


With respect to dismissing the breach of contract cause of action for lack of standing, we reject defendants' contention that Greenwald entered into the lease for the apartment with the wife of a principal of the insured apartment owner in her individual capacity and that therefore plaintiff, as subrogee of the insured apartment owner, lacks privity with Greenwald or Corsell. The deeds tracing the chain of ownership of the apartment do not clearly establish that only Joseph...

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