SPALLONE v. Siegel

Opinion

Per Curiam,

Order of the court below granting summary judgment for defendant-lessor is reversed and the case is remanded for further proceedings.

Opinion in Support of Reversal by

Cercone, J.:

While I join in Part I of Judge Spaeth’s opinion, I disagree with the propriety of raising and resolving the issues to which Parts II and III are devoted.

Part II purports to make exculpatory clauses in form leases “presumptively invalid” henceforth, despite the fact that the treatment of that issue is unnecessary to the resolution of the instant case. Because we have determined that the exculpatory…