Gould Investors, L.P. v. Travelers Casualty & Surety Co.

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Warshawsky, J.), entered July 28, 2010, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant moved for summary judgment dismissing the complaint on the ground that, inter alia, the plaintiffs settlement of separate actions with persons harmed by its employee’s conduct breached a provision of a commercial crime insurance policy requiring it to preserve the defendant’s subrogation *661rights.…