St. Paul Fire & Marine Insurance v. Colby Realty Corp.

Appellate Division of the Supreme Court of New York

St. Paul Fire & Marine Insurance v. Colby Realty Corp.

260 A.D. 851, 23 N.Y.S.2d 463, 1940 N.Y. App. Div. LEXIS 4992

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1940·Published

Opinion

Order, so far as appealed from by the defendants, unanimously affirmed, and, so far as appealed from by the plaintiffs, unanimously reversed, with twenty dollars costs and disbursements to the plaintiffs, and the motion for summary judgment in favor of defendants dismissing the second cause of action denied, on the ground that the exculpatory clause in defendants’ lease with Henry Glass & Company is not sufficient to excuse defendant landlord for its own acts of negligence. (Kessler v. Amonta, 253 N. Y. 453.) Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, so far as appealed from by the defendants, unanimously affirmed, and, so far as appealed from by the plaintiffs, unanimously reversed, with twenty dollars costs and disbursements to the plaintiffs, and the motion for summary judgment in favor of defendants dismissing the second cause of action denied, on the ground that the exculpatory clause in defendants’ lease with Henry Glass & Company is not sufficient to excuse defendant landlord for its own acts of negligence. (Kessler v. Amonta, 253 N. Y. 453.) Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

St. Paul Fire & Marine Insurance v. Colby Realty Corp., 260 A.D. 851, 23 N.Y.S.2d 463, 1940 N.Y. App. Div. LEXIS 4992 (N.Y. Ct. App. 1940).

Pincite

260 A.D. 851 (St. Paul Fire & Marine Insurance v. Colby Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related