Reade v. 405 Lexington, L.L.C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Nardelli, J.
In this appeal, we are asked to determine whether plaintiff Duane Reade waived its claims for lost profit damages pursuant to certain provisions in its lease with defendant landlord 405 Lexington, L.L.C., or whether such waiver falls within the ambit of General Obligations Law § 5-321, thereby rendering that waiver void as against public policy.
405 Lexington is the owner of the buildings on the block that is bounded by 42nd and 43rd Streets, and by Lexington and Third Avenues. In 1998, 405 Lexington hired defendant Turner Construction Company (Turner) as the…
2Cases cited8 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Furs v. Jewelers Protection Services, Ltd.New York Court of Appeals · 1992
- Peluso v. Tauscher Cronacher Professional Engineers, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
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- After Midnight Co. v. MIP 145 East 57th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Hooters of Manhattan, Ltd. v. 211 West 56 AssociatesAppellate Division of the Supreme Court of the State of New York · 2008
- Chaitman v. MoeziniaAppellate Division of the Supreme Court of the State of New York · 2019
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