Rawson v. Pyramid Champlain Co.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted summary judgment dismissing the third-party action on the ground that the real party in interest, CNA Insurance Companies, is attempting through the third-party action to be subrogated to a claim against its own insured (see, Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465 , 468; Fowler v Stillwater Assocs., 169 AD2d 226 , 227-228). Further, by requiring third-party defendant to procure insurance naming itself as an additional insured, third-party plaintiff waived any right of contribution or common-law indemnity up to the limits of the policies (see, Rocovich v Consolidated Edison Co., 167 AD2d 524 , 526, affd 78 NY2d 509 ; Michalak v Consolidated Edison Co., 166 AD2d 213 , 214, lv dismissed 77 NY2d 989 ). (Appeal from Order of Supreme Court, Onondaga County, Stone, J.—Summary Judgment.) Present—Denman, P. J., Green, Balio, Lawton and Davis, JJ.