Legal Opinion
Breakaway Farm, Ltd. v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 2005PublishedCited by 4 opinions
1Opinion of the Court
*518In an action to recover for damage to property, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Barone, J.), entered August 12, 2003, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
Pursuant to General Obligations Law § 5-321, a lease provision that purports to exempt a lessor from liability for its own acts of negligence is void and unenforceable (see Gross v Sweet, 49 NY2d 102, 107 [1979]; Radius, Ltd. v Newhouse,…
2Cases cited11 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
- Hogeland v. SibleyNew York Court of Appeals · 1977
- Graphic Arts Supply, Inc. v. RaynorAppellate Division of the Supreme Court of the State of New York · 1982
- Cherubini v. TestaAppellate Division of the Supreme Court of the State of New York · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ben Lee Distributors, Inc. v. Halstead Harrison PartnershipAppellate Division of the Supreme Court of the State of New York · 2010
- Wolfe v. Long Island Power AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Vasquez v. Gesher Realty Corp.Appellate Terms of the Supreme Court of New York · 2014
- Roni v. RahimAppellate Division of the Supreme Court of the State of New York · 2008