Myron W. McIntyre, Ltd. v. Chanler Holding Corp.

Motion under rule 109 of the Rules of Civil Practice by plaintiff-tenant to strike out defense interposed by both defendants. the landlord and its managing agent. The action is for damages for the loss of plaintiff-tenant’s property due to the alleged negligence of defendants.

The defense is based upon an immunity clause in the lease between the parties, which by its terms attempts to exempt the landlord from liability for acts even of his own negligence. Despite the subsequent enactment of section 234 of the Real Property Law, holding similar clauses now against public policy, the court would…