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ULTIMATE COMPUTER SERVICES v. BILTMORE REALTY CO.

183 N.J. Super. 144 (1982)

443 A.2d 723

ULTIMATE COMPUTER SERVICES, INC., PLAINTIFF-RESPONDENT, v. BILTMORE REALTY COMPANY, INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. SAUNDERS & SAUNDERS AND ROBERT SAUNDERS, INDIVIDUALLY, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Avrom J. Gold argued the cause for appellant (Mandelbaum, Salsburg, Gold & Lazris, attorneys; Avrom J. Gold on the brief).

J. Barry Cocoziello argued the cause for respondent (Podvey, Sachs, Catenacci & Silber, attorneys; J. Barry Cocoziello and John S. Voynick, Jr. on the brief).

Before Judges BISCHOFF, KING and POLOW.

The opinion of the court was delivered by POLOW, J.A.D.

Defendant landlord appeals from a Law Division judgment awarding $45,356 to the tenant of a commercial building for water damage to computer equipment caused as a result of a leaking roof. Appellant contends that the trial judge erroneously rejected an exculpatory clause contained in the lease which, in its opinion, totally excludes liability for water damage...

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