F.G.L. Knitting Mills

DECISION & ORDER In an action, inter alia, to recover damages for injuries sustained to property, 1087 Flushing Property,
Inc. appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated January 23, 1991, which denied its motion
to amend its answer to assert an affirmative defense based upon "waiver of subrogation" and to dismiss the action, and Dandee
Creations, Ltd., cross-appeals from so much of the same order as denied its cross motion for summary judgment. Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.