U.S. Underwriters Insurance v. Greenwald

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 Armato transferred his undivided interest in the property to the insured corporation (see CBLR 3211 [a] [1]). In any…