Bandbox Sportswear, Inc. v. Fashion Wear Realty Co.

Order, entered January 6, 1969, unanimously reversed, on the law, with $50 costs and disbursements to the appellant, and plaintiff’s motion to dismiss defense granted, with costs. In this action by a tenant against a landlord to recover damages sustained by the-plaintiff as a result of an explosion and fire in the central heating system in the building, section 5-321 of the General Obligations. Law precludes a defense based on the pleaded covenant in the lease insofar as such covenant purports to exempt the landlord from liability for its negligence. The defense may not be sustained on the…