Parache v. DD 11th Avenue LLC

Order, Supreme Court, New York County (Richard F. *442 Braun, J.), entered July 3, 2014, which, insofar as appealed from as limited by the briefs, granted the motion of defendant/ third-party defendant Mastercraft Masonry I, Inc. (Mastercraft) and second third-party defendant SMEG Corporation (SMEG) for summary judgment dismissing all cross claims and third-party claims as against them, unanimously affirmed, with costs.

The record establishes that Mastercraft and SMEG were members of defendant-appellant JE Levine Builder Inc.’s Contractor Controlled Insurance Program. Accordingly, the antisubrogation rule bars the cross claims and third-party claims brought by defendants-appellants against Mastercraft and SMEG (see e.g. ELRAC, Inc. v Ward, 96 NY2d 58, 76-77 [2001]; Stranz v New York State Energy Research & Dev. Auth. [NYSERDA], 87 AD3d 1279, 1281-1282 [4th Dept 2011]).