Fontana Fabrics, Inc. v. Hodge

Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered September 3, 1991, which denied defendants’ motion for leave to amend their answer to include as an additional affirmative defense a waiver of subrogation contained in leases for plaintiffs’ tenancies, and denied defendants’ motion for summary judgment on the grounds of res judicata, collateral estoppel, statute of limitations, and failure to state a cause of action, unanimously affirmed, with costs.

Plaintiffs were tenants of a commercial building in which defendant General Fountain Co. also was a tenant. A fire…