Caravello v. Pine Hollow Stud Farm, Inc.

Appellate Division of the Supreme Court of New York

Caravello v. Pine Hollow Stud Farm, Inc.

61 A.D.2d 974, 402 N.Y.S.2d 451, 1978 N.Y. App. Div. LEXIS 10585

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 1978

StatusPublished

This text of 61 A.D.2d 974 (Caravello v. Pine Hollow Stud Farm, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caravello v. Pine Hollow Stud Farm, Inc., 61 A.D.2d 974, 402 N.Y.S.2d 451, 1978 N.Y. App. Div. LEXIS 10585 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action to recover damages based upon theories of negligence and breach of contract, plaintiff appeals from an order of the Supreme Court, Orange County, entered September 20, 1977, which granted defendant’s motion for summary judgment. Order modified by adding thereto, after the provision that defendant’s motion is granted, the following: "except as to so much of the first cause of action as seeks damages for the loss of plaintiff’s foal, and as to such part of that cause of action, the motion is denied”. As so modified, order affirmed, with $50 costs and disbursements payable to appellant. The waiver of liability contained in the breeding agreement between the parties is insufficient to cover the loss of the foal. It refers only to plaintiff’s mare. The rule is clear that before the courts will sustain the validity of a prior release of negligence there must be "a clear understanding between the parties, which plainly and precisely defines the limitation of liability the party attempting to avoid responsibility seeks to obtain” (Phibbs v Ray’s Chevrolet Corp., 45 AD2d 897, 898; see, also, Van Dyke Prods, v Eastman Kodak Co., 12 NY2d 301). Appellant’s remaining point is without merit. Latham, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

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In an action to recover damages based upon theories of negligence and breach of contract, plaintiff appeals from an order of the Supreme Court, Orange County, entered September 20, 1977, which granted defendant’s motion for summary judgment. Order modified by adding thereto, after the provision that defendant’s motion is granted, the following: "except as to so much of the first cause of action as seeks damages for the loss of plaintiff’s foal, and as to such part of that cause of action, the motion is denied”. As so modified, order affirmed, with $50 costs and disbursements payable to appellant. The waiver of liability contained in the breeding agreement between the parties is insufficient to cover the loss of the foal. It refers only to plaintiff’s mare. The rule is clear that before the courts will sustain the validity of a prior release of negligence there must be "a clear understanding between the parties, which plainly and precisely defines the limitation of liability the party attempting to avoid responsibility seeks to obtain” (Phibbs v Ray’s Chevrolet Corp., 45 AD2d 897, 898; see, also, Van Dyke Prods, v Eastman Kodak Co., 12 NY2d 301). Appellant’s remaining point is without merit. Latham, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

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Bluebook (online)

61 A.D.2d 974, 402 N.Y.S.2d 451, 1978 N.Y. App. Div. LEXIS 10585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caravello-v-pine-hollow-stud-farm-inc-nyappdiv-1978.

Opinion

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