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BREAKAWAY FARM, LTD. v. WARD

15 A.D.3d 517 (2005)

789 N.Y.S.2d 730

BREAKAWAY FARM, LTD., et al., Appellants, v. KRISTINE WARD et al., Respondents. (And a Third-Party Action.)

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

February 22, 2005.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Pursuant to General Obligations Law § 5-321, a lease provision that purports to exempt a lessor from liability for its own acts of negligence is void and unenforceable (see Gross v Sweet, 49 N.Y.2d 102, 107 [1979]; Radius, Ltd. v Newhouse, 213 A.D.2d 614, 615 [1995...

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