Horowitz v. Safeco Insurance Co. of America

— Appeal from (1) an order of the Supreme Court at Special Term, entered February 21, 1975 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint, and (2) the judgment entered thereon. In 1970, plaintiffs leased a warehouse to Overmeyer Corporation (hereinafter Overmeyer) and at the same time Overmeyer executed a conditional assignment to plaintiffs of the subleases it then had or would obtain for the warehouse. According to its terms, the assignment agreement would take effect whenever Overmeyer was in default on its primary lease, and plaintiffs…