Legal Opinion
Lee Sharoni, Ltd. v. Honeywell, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 1994PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for gross negligence and breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Graci, J.), dated September 18, 1992, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Although New York law generally enforces contractual provisions in alarm contracts absolving a party from its own negligence, public policy prohibits a party’s attempt to escape liability, through a contractual clause, for damages occasioned by "grossly negligent conduct” (Colnaghi, U.S.A. v…
2Cases cited5 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Colnaghi, U.S.A., Ltd. v. Jewelers Protection Services, Ltd.New York Court of Appeals · 1993
- Gentile v. Garden City Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Idone v. Pioneer Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by2 opinions
- Federal Insurance v. Honeywell, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Kogan v. FensterAppellate Terms of the Supreme Court of New York · 2002