Legal Opinion
Kaf-Kaf, Inc. v. Rodless Decorations, Inc.
New York Court of Appeals
Decided October 16, 1997PublishedCited by 58 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The central issue in these two actions is whether the waiver of subrogation clause contained in the parties’ lease precludes the negligence claims of their subrogated insurance carriers. Concluding that it does, we affirm the orders of the Appellate Division.
Pursuant to a Standard Form Loft Lease, commonly used throughout the State, Kaf-Kaf, Inc. rented two floors of a building located in Hollis, New York, from the owner, Rodless Decorators, Inc. Paragraph 9 of the lease set forth a waiver of subrogation provision, while paragraph 8 permitted the tenant to…
2Cases cited2 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- S.S.D.W. Co. v. Brisk Waterproofing Co.New York Court of Appeals · 1990
3Cited by58 opinions
- St. Paul Fire & Marine Insurance v. Universal Builders SupplyCourt of Appeals for the Second Circuit · 2005
- Pacific Indemnity Company v. DemingCourt of Appeals for the First Circuit · 2016
- St. Paul Fire and Marine Insurance Company A/s/o the Durst Organization, Inc., and Four Times Square Association, L.L.C. v. Universal Builders Supply, Tishman Construction Corporation of New York, Universal Builders Supply, Inc., Third-Party-Plaintiff v. Tig Insurance Company, Aiu Insurance Company, and Royal Insurance Company of America, Third-Party-Defendants-AppelleesCourt of Appeals for the Third Circuit · 2004
- Cresvale International, Inc. v. Reuters America, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Industrial Risk Insurers v. Port Authority of New York & New JerseyDistrict Court, S.D. New York · 2005
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