ADMIRAL INDEMNITY CO v. JOHNSON (2020)

Order, Supreme Court, New York County (Gerald Lebovits, J.), entered April 21, 2020, which denied defendant's motion for leave to amend the answer and, upon granting leave, dismiss the complaint pursuant to CPLR 3211, or for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs, and the motion to dismiss granted.  The Clerk is directed to enter judgment accordingly.

Plaintiff, as subrogee of the condominium association, seeks reimbursement for its payment to the association, pursuant to an insurance policy, for property damage that plaintiff alleges resulted from a fire emanating from the unit owned by defendant.  However, the insurance policy provides, “We [plaintiff] waive our rights to recover payment from any unit-owner of the condominium that is shown in the Declarations.”  The condominium association, of which defendant was a unit holder, is listed in the declarations.  Thus, the policy unambiguously waives plaintiff's subrogation rights with respect to a subrogation claim against defendant (see Allstate Indem. Co. v. Virfra Holdings, LLC, 124 A.D.3d 528, 998 N.Y.S.2d 625 [1st Dept. 2015];  see also Payson v. 50 Sutton Place S. Owners, Inc., 107 A.D.3d 506, 967 N.Y.S.2d 66 [1st Dept. 2013]).

We have considered plaintiff's other arguments and find them unavailing.