AIG Property Casualty Co. v. Modi

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered September 26, 2016, which, to the extent appealed from, granted plaintiff’s motion to amend the complaint, unanimously reversed, on the law, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.

This subrogation action to recover payment for water damage to plaintiff’s insureds’ condominium unit as a result of leaks from frozen pipes in defendant’s unit is precluded by the insureds’ failure to procure a waiver of subrogation in the policy issued by plaintiff, as required by…