METRO. ART ASSOCS. v. WEXLER


118 A.D.2d 548 (1986)

Metropolitan Art Associates, a Division of Metro Art Sales, Inc., et al., Respondents, v. Jack Wexler et al., Doing Business as We'Re Associates Company, Appellants. (Action No. 1.) Richard Greenberg et al., Doing Business as Metropolitan Art Associates, et al., Respondents, v. Jack Wexler et al., Doing Business as We'Re Associates, et al., Appellants. (Action No. 2.)

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

March 3, 1986


Order affirmed, insofar as appealed from, with costs.

In their complaints, the plaintiffs allege that the defendant landlords' negligence caused smoke and soot to emit from their heating unit, resulting in damage to their personal property. In their answer in action No. 2, the defendants raised as their third affirmative defense the claim that article 25 of the lease barred the claims asserted in action No. 2. Article 25 of the lease states: "Each of the parties hereto...

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