Novak & Co. v. New York City Housing Authority

OPINION OF THE COURT

Edward H. Lehner, J.

The main questions presented herein are: (i) Despite a strong policy against exculpatory provisions that seek to insulate a contracting party from liability for ifs own gross negligence, coupled with plaintiff’s allegations of defendant’s gross negligence in this case, may plaintiff’s recovery nonetheless be barred by its failure to comply with a contractual notice of claim provision? (ii) Has plaintiff set forth sufficient facts in support of its allegations of gross negligence so as to forestall the death knell of an exculpatory clause barring…