American Scientific Lighting Corp. v. Hamilton Plaza Associates

In an action to recover damages for injury to property, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Silber, J.), dated January 30, 2014, as denied their motion for leave to amend their answer to assert the affirmative defense of waiver of subrogation and denied that branch of their separate motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Hamilton Plaza Associates.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendants’…