Legal Opinion
Kleartone Transparent Products Co. v. Dun & Bradstreet, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
Does an exculpatory clause which disclaims liability for ordinary negligence protect a credit reporting agency against its failure to supply its subscriber with information concerning claims against the company examined which are in collection by the collection arm of the credit agency? The answer in this case is that a question of fact exists as to whether the failure constituted gross negligence. The evidence concerning the agency’s policy not to report such information raises a question as to whether it acted with reckless disregard of the consequences.
Plaintiff…
2Cases cited13 opinions
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Hong Kong Export Credit Ins. Corp. v. Dun & BradstreetDistrict Court, S.D. New York · 1975
- Jenson v. FletcherNew York Court of Appeals · 1951
- Fidelity Leasing Corp. v. Dun & Bradstreet, Inc.District Court, E.D. Pennsylvania · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Net2Globe Intern., Inc. v. Time Warner Telecom of NYDistrict Court, S.D. New York · 2003
- Kleartone Transparent Products Co. v. Dun & Bradstreet, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Hunter v. Lourdes Hosp.Appellate Division of the Supreme Court of the State of New York · 2019