Gordon & Cohen, Inc. v. Rose

Appellate Division of the Supreme Court of New York

Gordon & Cohen, Inc. v. Rose

211 A.D. 808

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

DecidedNovember 15, 1924

StatusPublished

Cited by2 cases

This text of 211 A.D. 808 (Gordon & Cohen, Inc. v. Rose) 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

Gordon & Cohen, Inc. v. Rose, 211 A.D. 808 (N.Y. Ct. App. 1924).

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Opinion

Order modified by striking out the second separate defense, and as so modified affirmed, -without costs. The exemption clause relied on in said defense does not expressly exempt the defendant Rose from liability for damages to his lessee if it be shown that such damage resulted from the negligence of said defendant, and no such exemption may be implied. (Lewis Co. v. Metropolitan Realty Co., 112 App. Div. 385, 387.)

Kelly, P. J,, Rich, Kelby, Young and Kapper, JJ., concur.

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Order modified by striking out the second separate defense, and as so modified affirmed, -without costs. The exemption clause relied on in said defense does not expressly exempt the defendant Rose from liability for damages to his lessee if it be shown that such damage resulted from the negligence of said defendant, and no such exemption may be implied. (Lewis Co. v. Metropolitan Realty Co., 112 App. Div. 385, 387.)

Kelly, P. J,, Rich, Kelby, Young and Kapper, JJ., concur.

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Bluebook (online)

211 A.D. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-cohen-inc-v-rose-nyappdiv-1924.

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