TRACEY RD. EQUIP., INC. v. APOLLO 16 PAINTING CONTRACTORS, INC.


171 A.D.2d 1031 (1991)

Tracey Road Equipment, Inc., Appellant, v. Apollo 16 Painting Contractors, Inc., Respondent

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

March 8, 1991


Order insofar as appealed from unanimously reversed on the law without costs, motion denied and cross motion granted, in accordance with the following Memorandum: Supreme Court erred in granting defendant's motion for leave to amend its answer and in denying plaintiffs cross motion for summary judgment on its second, third and fourth causes of action. In our view, defendant may not avoid the consequences of the exculpatory clause of the parties' lease dated April 21, 1986...

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