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ASPEN AMERICAN INSURANCE v. NEWMAN

Index No. 161070/17. Appeal No. 15379. Case No. 2021-03512.

202 A.D.3d 613 (2022)

159 N.Y.S.3d 839

2022 NY Slip Op 01231

Aspen American Insurance, as Subrogee of 2900 Ocean Condominium, Respondent, v. Philip Newman et al., Appellants.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Sweetbaum & Sweetbaum, Lake Success ( Joel A. Sweetbaum of counsel), for appellants.

Rosner Nocera & Ragone, LLP, New York ( Eliot L. Greenberg of counsel), for respondent.

Concur—Webber, J.P., Kern, Moulton, González, Mendez, JJ.

After a fire broke out in the condominium unit owned by defendants, causing damage to the building, plaintiff, the condominium building's insurer, commenced this subrogation action to recover for amounts it had paid to the condominium to reimburse it for its loss, plus interest.

Plaintiff is precluded from maintaining this subrogation action. Parties to an agreement may waive their insurer's right of subrogation (see...

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