Brentano's, Inc. v. Charter Management Corp.

Order, Supreme Court, New York County, entered August 9, 1973, unanimously reversed, on the law, and the motion of defendant-appellant to dismiss the complaint granted and the complaint dismissed. Appellant shall recover of respondent $60 costs and disbursements of this appeal. The true party in interest in this suit by tenant against landlord for water damage to its property is the former’s insurance carrier, as subrogee. The lease between the parties provides for each to carry its own insurance and to look thereto for coverage without any right of subrogation. Special Term regarded this…