BROSER v. ROYAL ABSTRACT CORP.


49 Misc.2d 882 (1966)

Alvin H. Broser, Respondent, v. Royal Abstract Corp., Appellant.

Supreme Court, Appellate Term, First Department.

March 17, 1966


Attorney(s) appearing for the Case

Hyman B. Schutzer for appellant. Harry Orner and Zarah Williamson for respondent. Morris Permut and Michael Permut for New York State Title Association, amicus curiæ.

HOFSTADTER, J. P., HECHT and GOLD, JJ., concur.


Per Curiam.

The judgment must be modified since the certificate of title liability contains a valid exculpatory clause, sufficient to insulate the defendant abstract company from liability in excess of $1,000, regardless of whether the action sounds in tort or contract.

Further, dismissal of the counterclaim was improper, since plaintiff's law firm stands personally liable for contracts executed as agent for...

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