St. Paul Fire & Marine Insurance v. L.E.S. Subsurface Plumbing Co.

—Order, Supreme Court, New York County (Carol Huff, J.), entered June 30, 1998, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, the motion for summary judgment denied except to the extent of finding that in the event of any recovery by plaintiff, defendant Par is entitled to a set-off in the amount of $78,009.91, and the complaint reinstated.

The motion court erred in finding that defendant plumbing subcontractors were protected from subrogation in excess of their insured property interest under the builder’s risk…