Legal Opinion
Sommer v. Federal Signal Corp.
New York Court of Appeals
Decided May 12, 1992PublishedCited by 449 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
This appeal, in consolidated actions against a fire alarm company for negligent services resulting in extensive property damage, centers on an exculpatory clause in the company’s contract with its customer. For the reasons that follow, we conclude that the clause would not bar recovery by the customer for the company’s grossly negligent conduct; that an issue of fact regarding gross negligence precludes summary judgment for the company; and that, as to the contribution claims asserted against the company, some should be conditionally reinstated while others were…
2Cases cited25 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Gross v. SweetNew York Court of Appeals · 1979
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3Cited by449 opinions
- Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLCCourt of Appeals for the Second Circuit · 2012
- New York University v. Continental InsuranceNew York Court of Appeals · 1995
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Hydro Investors, Inc. v. Trafalgar Power Inc.Court of Appeals for the Second Circuit · 2000
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