Frederick Munsey, Plaintiff–Respondent, v. Antoinette Sindone, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

Frederick Munsey, Plaintiff–Respondent, v. Antoinette Sindone, Defendant–Appellant.

3228

Decided: February 28, 2017

Renwick, J.P., Mazzarelli, Moskowitz, Kapnick, Webber, JJ.

Gorton & Gorton, LLP, Mineola (John Gorton of counsel), for appellant. Bergman, Bergman, Goldberg, Fields & Lamonsoff, LLP, Hicksville (Allen Goldberg of counsel), for respondent.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered April 8, 2016, which denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There is an issue of fact as to whether the “as is” clause in the lease is applicable to plaintiff, whose signature does not appear on the lease, and who claims to have been a subtenant in the subject premises (see e.g. McCarthy v Board of Mgrs. of Bromley Condominium, 271 A.D.2d 247, 247 [1st Dept 2000] ). In any event, as the motion court noted, a lease provision exempting defendant owner from liability for her own negligence is “void as against public policy and wholly unenforceable” (General Obligations Law § 5–321).

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network