Atlantic Mutual Insurance v. Elliana Properties

—Order, Supreme Court, New York County (Richard Braun, J.), entered February 4, 1998, which, insofar as appealed from, granted defendants-respondents’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiff insurer, suing as subrogee of its insured, the tenant of premises leased from defendant landlords, seeks to recover the insurance proceeds that plaintiff paid the tenant for property damage and other losses that allegedly were caused by the unlicensed contractor defendants had hired to renovate the apartment above the leased…