New York City Department of Transportation v. Petric & Associates, Inc.

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered August 21, 2014, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, solely, to declare that plaintiffs cannot recover on their complaint until after the policy limits of the Endurance policy issued to defendant have been exhausted by the payment of judgments or settlements, and otherwise affirmed, without costs.

Pursuant to the common-law antisubrogation rule, an insurer “has no right of subrogation against its own insured for a claim arising from the very risk for…