Payson v. 50 Sutton Place South Owners, Inc.
Opinion of the Court
Amended order, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 20, 2012, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the assigned subrogated claim, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered October 3, 2012, unanimously dismissed, without costs, as superseded by the appeal from the order entered December 20, 2012. Order, same court and Justice, entered December 14, 2012, which, to the extent appealable, denied plaintiffs motion for renewal, unanimously affirmed, without costs.
The motion court’s understanding of the unambiguous waiver of subrogation clause comported with the rule strictly construing such waivers (see State Farm Ins. Co. v J.P. Spano Constr., Inc., 55 AD3d 824 [2d Dept 2008]). The court correctly interpreted plaintiffs insurance policy (see Federal Ins. Co. v International Bus. Machs. Corp., 18 NY3d 642, 646 [2012]) by applying the clause to the claims of damage to plaintiffs cooperative apartment, despite the clause’s reference to “condominiums.” The policy, under which the insurer had paid plaintiff nearly $1.5 million, refers to plaintiffs premises as a condominium and states that the coverage is for condominiums, and the clause’s reference to “corporation” can only refer to a cooperative corporation. As the assignee of the subrogated claims, plaintiff is in no better position than her assignor (see New York & Presbyt. Hosp. v Country-Wide Ins. Co., 17 NY3d 586, 592 [2011]).
The court properly considered defendants’ reply quoting the
We have considered plaintiffs remaining contentions and find them unavailing. Concur — Acosta, J.P., Saxe, Renwick, Richter and Clark, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.