Atlantic Mutual Insurance v. Soiefer Bros. Realty Corp.

—In an action, inter alia, to recover damages for negligence and breach of contract, the plaintiff, Atlantic Mutual Insurance Company, appeals from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated December 6, 1999, as granted the motion of the defendant Soiefer Bros. Realty Corp. for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the “waiver of subrogation” clause contained in the insurance policy issued by the plaintiff to…