McCreedy v. 37 West 46th Street Realty Corp.

Neither the antisubrogation rule nor the provisions of the lease preclude plaintiff subrogee from recovering for the payment on plaintiff’s claim for water damage to its inventory as a result of defendant’s negligence. Defendant was insured by a different carrier, Allcity Insurance Company, for the risk covered herein and thus, the public policy considerations underlying the antisubrogation rule are inapplicable (Wright v McCann & Son, 216 AD2d 73 ). Concur—Sullivan, J. P., Ellerin, Nardelli and Tom, JJ.