Legal Opinion
Bernard Katz, Inc. v. East 30th Street Corp.
New York Supreme Court
Decided October 21, 1939PublishedCited by 6 opinions
1Opinion of the CourtHammer, J.
Motion under rule 109 of the Rules of Civil Practice to strike out an affirmative defense. The action is based upon the alleged negligence of the defendant-landlord. Plaintiff-tenant seeks recovery for damage to his merchandise caused by leakage of water from pipes.
The defense is based upon an immunity clause in the lease between the parties which exempts the landlord from liability for acts even of his own negligence, specifically including that of water leakage. The plaintiff-tenant urges that such exculpatory clause in the lease is null and void by reason of the subsequent enactment by the…
2Cases cited12 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Simmons v. Columbus Venetian Stevens Buildings, Inc.Appellate Court of Illinois · 1959
- Rigger v. Baltimore CountyCourt of Appeals of Maryland · 1973
- Booth v. CebulaAppellate Court of Illinois · 1960
- Gordon v. McAfeeCity of New York Municipal Court · 1945
- Myron W. McIntyre, Ltd. v. Chanler Holding Corp.New York Supreme Court · 1939
1 more not listed; retrieve them via the Exa API.