NOVAK & CO. v. HOUS. AUTH.


125 Misc.2d 647 (1984)

Novak & Co., Inc., Plaintiff, v. New York City Housing Authority, Defendant and Third-Party Plaintiff. A. I. Smith Electrical Contractors, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

June 26, 1984


Attorney(s) appearing for the Case

Rubin & Tablante for plaintiff. Charles E. Williams, III, A. Kohn and S. Abramowitz for defendant.


EDWARD H. LEHNER, J.

The main questions presented herein are: (i) Despite a strong policy against exculpatory provisions that seek to insulate a contracting party from liability for its own gross negligence, coupled with plaintiff's allegations of defendant's gross negligence in this case, may plaintiff's recovery nonetheless be barred by its failure to comply with a contractual notice of claim provision? (ii) Has plaintiff set forth sufficient facts...

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