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BEN LEE DISTRIBUTORS, INC. v. HALSTEAD HARRISON PARTNERSHIP

2009-05607

72 A.D.3d 715 (2010)

899 N.Y.S.2d 301

BEN LEE DISTRIBUTORS, INC., et al., Respondents, v. HALSTEAD HARRISON PARTNERSHIP et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided April 13, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

"Pursuant to General Obligations Law § 5-321, a lease provision which purports to exempt a lessor from liability for its own acts of negligence is void and unenforceable" (Rego v 55 Leone Lane, LLC, 56 A.D.3d 748, 749 [2008]; see Gross v Sweet, 49 N.Y.2d 102

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