Legal Opinion
Greenspan v. East 33rd Street Realty Corp.
Appellate Terms of the Supreme Court of New York
Decided October 18, 1938PublishedCited by 3 opinions
1Per curiam
The language of section 234 of the Peal Property-Law, providing that agreements exempting lessors of real property from liability for negligence “ shall be deemed to be void as against public policy and wholly unenforceable,” embraces prior as well as future agreements and we have no right to engraft an exception not made by the Legislature. (Louisville & Nashville R. R. Co. v. Mottley, 219 U. S. 467.) The application of the section to prior leases is not precluded by constitutional prohibitions. (People ex rel. Durham Realty Co. v. LaFetra, 230 N. Y. 429.)
Order reversed, with ten dollars…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
3Cited by3 opinions
- Billie Knitwear, Inc. v. New York Life InsuranceNew York Supreme Court · 1940
- Bernard Katz, Inc. v. East 30th Street Corp.New York Supreme Court · 1939
- In re the Estate of StewartNew York Surrogate's Court · 1938