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AIG PROPERTY CASUALTY CO. v. MODI

4746, 152390/15.

154 A.D.3d 552 (2017)

2017 NY Slip Op 07327

62 N.Y.S.3d 262

AIG PROPERTY CASUALTY COMPANY, as Subrogee of Donstev, LLC, Respondent, v. SHWETA MODI, Appellant.

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

Decided October 19, 2017.

This subrogation action to recover payment for water damage to plaintiff's insureds' condominium unit as a result of leaks from frozen pipes in defendant's unit is precluded by the insureds' failure to procure a waiver of subrogation in the policy issued by plaintiff, as required by the condominium by-laws (see Agostinelli v Stein, 17 A.D.3d 982 [4th Dept 2005], lv dismissed 5 N.Y.3d 824

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