General Accident Insurance v. 80 Maiden Lane Associates

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about October 25, 1996, which granted defendants’ motion for summary judgment dismissing this action as barred by the waiver of subrogation clause contained in the parties’ lease agreement, unanimously affirmed, with costs.

Chapdelaine & Co., plaintiffs subrogor, entered into a commercial lease for the rental of space in an office building of which defendants are the owner and managing agent respectively. Paragraph 9 (e) of the lease, entitled “Destruction, Fire and other Casualty”, provides, in pertinent part, that in…