Extaza of 34th Street v. City Stores Co.

I would reverse the order appealed from and grant defendant’s motion for summary judgment. This is an action in subrogation brought nominally in the name of the tenant but for the benefit of the tenant’s insurance carrier against the landlord to recover for water damage to the tenant’s property. The lease provided explicitly for the tenant to procure extended coverage insurance covering its property, and also provided “Landlord shall be named as additional insured in said policies of insurance and said policies shall contain waivers of subrogation against Landlord.” Tenant’s insurance policy…