KLEARTONE v. BRADSTREET


88 A.D.2d 353 (1982)

Kleartone Transparent Products Co., Inc., Appellant, v. Dun & Bradstreet, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 16, 1982


Attorney(s) appearing for the Case

Null & Null, P. C. (Miriam P. Null and William S. Null of counsel), for appellant.

Thacher, Proffitt & Wood (Joan H. Hillenbrand and Raymond S. Jackson, Jr., of counsel), for respondent.

TITONE, J. P., MANGANO and GIBBONS, JJ., concur.


LAZER, J.

Does an exculpatory clause which disclaims liability for ordinary negligence protect a credit reporting agency against its failure to supply its subscriber with information concerning claims against the company examined which are in collection by the collection arm of the credit agency? The answer in this case is that a question of fact exists as to whether the failure constituted gross negligence. The evidence concerning the agency's policy...

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