Plaza Hotel Co. v. Fine Products Corp.

(After stating the foregoing facts.) A lessee may, by express lease provision, release a lessor from liability as the result of damage to person or property which is due to the negligence of the landlord or which he would otherwise have a duty, imposed by statute, to prevent. Conceding that, in the absence of a contrary stipulation, the duty would rest upon the landlord here to repair the roof immediately over a portion of the premises rented to the plaintiff, and that he would be liable for damages resulting from his failure to do so, the lease here contains an explicit provisión holding the…