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JERRY RAWSON et al., Plaintiffs, v. PYRAMID CHAMPLAIN COMPANY, Also Known as PYRAMID COMPANIES, Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. APPLE ROOFING CORP., Third-Party Defendant-Respondent.

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 N.Y.2d 465, 468; Fowler v Stillwater Assocs., 169 A.D.2d 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 A.D.2d 524, 526, affd 78 N.Y.2d 509; Michalak v Consolidated Edison Co., 166 A.D.2d 213, 214, lv dismissed 77 N.Y.2d 989).

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RAWSON v. PYRAMID CHAMPLAIN COMPANY
(May 28, 1993)