Majority
Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about January 7, 1994, which denied third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, with costs.
As the employee exclusion in the National Union insurance policy clearly bars coverage of Simpson Metal’s employee’s alleged on-the-job injuries (plaintiff Larson), the anti-subrogation rule does not apply here. (See, North Star Reins. Corp. v Continental Ins. Co., 82 NY2d 281 , 296.) We also note that there is insufficient evidence in the record to demonstrate that NAB Construction and Simpson Metal are "united in interest” and that a potential conflict of interest exists between them to warrant a disregard of their separate corporate identities. (See, Meshel v Resorts Intl., 160 AD2d 211 , 213; and cf., Fireman’s Ins. Co. v Wheeler, 165 AD2d 141 .)
We have considered all other claims and find them to be meritless. Concur—Murphy, P. J., Rubin, Asch and Mazzarelli, JJ
Cases cited
- North Star Reinsurance Corp. v. Continental Insurance 82 NY2d 281 at 296 p. 413
- Meshel v. Resorts International of New York, Inc. 160 AD2d 211 at 213 p. 413
- Fireman's Insurance v. Wheeler 165 AD2d 141 p. 413