Legal Opinion
Billie Knitwear, Inc. v. New York Life Insurance
New York Supreme Court
Decided August 2, 1940PublishedCited by 9 opinions
1Opinion of the CourtBenvenga, J.
This is an action by the plaintiff, a tenant of space in a loft building, for damage to personal property arising out of the alleged negligence of the defendant. The defendant, the landlord, sets up,- as an affirmative defense, a clause in the lease exempting it from any claim for damages even if caused by its negligence. The plaintiff has moved to strike out this defense as insufficient in law, and the defendant has made a counter-motion for judgment on the pleadings.
These motions squarely present the constitutionality of section 234 of the Real Property Law (added by Laws of 1937, chap.…
2Cases cited9 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Adkins v. Children's Hospital of ColumbiaSupreme Court of the United States · 1923
- Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
- Schieffelin v. . HylanNew York Court of Appeals · 1923
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kuzmiak v. BrookchesterNew Jersey Superior Court Appellate Division · 1955
- Henrioulle v. Marin Ventures, Inc.California Supreme Court · 1978
- Simmons v. Columbus Venetian Stevens Buildings, Inc.Appellate Court of Illinois · 1959
- Billie Knitwear, Inc. v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1941
- Hunter v. City of New YorkNew York Supreme Court · 1976
4 more not listed; retrieve them via the Exa API.