Arell's Fine Jewelers, Inc. v. Honeywell, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: We hold that a defendant which maintains burglar alarm systems cannot contract to relieve itself from liability for acts constituting gross negligence. Agreements which purport to exempt a party from liability for willful or grossly negligent acts are contrary to public policy and are void (Gross v Sweet, 49 NY2d 102), and there is no significant distinction between an agreement which completely relieves a party from liability and one which limits liability to a nominal sum (see, Federal Ins. Co. v Honeywell, Inc., 641 F Supp 1560,…
2Cases cited10 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- New York Telephone Co. v. Jamestown Telephone Corp.New York Court of Appeals · 1940
- First International Bank of Israel, Ltd. v. L. Blankstein & Son, Inc.New York Court of Appeals · 1983
- Twitchell v. Town of PittsfordAppellate Division of the Supreme Court of the State of New York · 1984
- Twitchell v. Town of PittsfordNew York Court of Appeals · 1985
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3Cited by12 opinions
- Calvin Klein Ltd. v. Trylon Trucking Corp.Court of Appeals for the Second Circuit · 1989
- Elsken v. Network Multi-Family Security Corp.Supreme Court of Oklahoma · 1992
- Hanover Insurance v. D & W Central Station Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Rocky Point Properties, Inc. v. Sear-Brown Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Delaney v. Spiegel AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
7 more not listed; retrieve them via the Exa API.