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CERTAIN UNDERWRITERS AT LLOYD'S, LONDON v. FORTY SEVENTH FIFTH CO. LLC

Index No. 156417/18. Appeal No. 17323-17324. Case Nos. 2021-04300, 2022-02816.

213 A.D.3d 481 (2023)

183 N.Y.S.3d 89

2023 NY Slip Op 00807

Certain Underwriters at Lloyd's, London, as Subrogees of Roman Malakov Diamonds Ltd., et al., Respondents, v. Forty Seventh Fifth Company LLC, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Roman Malakov Diamonds Ltd. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided February 14, 2023.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Jessica Erickson of counsel), for appellant.

Abrams, Gorelick, Friedman & Jacobson, LLP, New York ( Mark Ian Binsky of counsel), for plaintiffs-respondents, Roman Malakov LLC and M&G Diamonds LLC, respondents.

Weber Gallagher Simpson Stapleton Fires & Newby LLP, New York ( Alexander J. Papa of counsel), for Roman Malakov Diamonds Ltd. and Elize International, Inc., respondents.

Concur—Acosta, P.J., Webber, Friedman, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Lucy Billings, J.), entered on or about December 28, 2020, which granted the motion of plaintiff Certain Underwriters at Lloyd's, London to dismiss defendant Forty Seventh Fifth Company LLC's eighth affirmative defense of waiver of subrogation, and denied Forty Seventh Fifth's motion for summary judgment dismissing the complaint based on waiver of subrogation, unanimously reversed, on the law, without costs, plaintiff's motion denied...

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