You are here: / / GENERAL OBLIGATIONS LAW 5-321 VOIDS A LEASE PROVISION ABSOLVING THE LANDLORD...
,

GENERAL OBLIGATIONS LAW 5-321 VOIDS A LEASE PROVISION ABSOLVING THE LANDLORD OF LIABILITY FOR DAMAGE TO A TENANT’S PROPERTY CAUSED BY THE LANDLORD’S NEGLIGENCE, BUT DOES NOT VOID A LEASE PROVISION ABSOLVING THE LANDLORD OF LIABILITY FOR THE TENANT’S LOST PROFITS CAUSED BY THE LANDLORD’S NEGLIGENCE (FIRST DEPT).

The First Department noted that the exculpatory clauses in the lease which relieved the landlord from liability for the tenant’s lost profits caused by the landlord’s negligence is not void pursuant to General Obligations Law (GOL) 5-321. GOL 5-321 refers only to property damage, not lost profits:

The claim for lost profits, however, was properly dismissed. General Obligations Law § 5-321 provides:

“Every covenant, agreement or understanding in or in connection with or collateral to any lease of real property exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his agents, servants or employees, in the operation or maintenance of the demised premises or the real property containing the demised premises shall be deemed to be void as against public policy and wholly unenforceable.”

The exculpatory clauses in the lease relieving defendants of liability for lost profits resulting from their own negligence are not void under General Obligations Law § 5-321 because lost profits are distinct from property damage … . …

Moreover, paragraph 23 of the lease amendment specifically provides that “[n]otwithstanding anything to the contrary . . . Tenant waives, to the full extent permitted by law, any claim for consequential or punitive damages in connection [with damage to Tenant’s property]”  … . In view of this unequivocal exculpatory clause stating that no other provision in the lease shall entitle the tenant to consequential damages, the claim for lost profits is barred … . Chaitman v Moezinia, 2019 NY Slip Op 09396, First Dept 12-26-19

 

You might also like
HOMEOWNER EXEMPTION APPLIED TO THE CHURCH IN THIS LABOR LAW 240 (1), 241 (6) AND 200 ACTION STEMMING FROM A FALL FROM A SCAFFOLD, FAILURE TO PLEAD THE EXEMPTION AS A DEFENSE DID NOT PRECLUDE RAISING IT IN A SUMMARY JUDGMENT MOTION, ARCHDIOCESE WAS NOT AN AGENT OF THE OWNER, NO LABOR LAW 200 LIABILITY BECAUSE PLAINTIFF’S EMPLOYER SUPERVISED AND CONTROLLED THE MEANS AND MANNER OF WORK (FIRST DEPT).
Verdict Properly Set Aside—Theory of Liability Alleged at Trial Altered the Theory of Liability Alleged in Notice of Claim
THE LANGUAGE OF THE POLICY IS NOT AMBIGUOUS AND CAN NOT BE INTERPRETED TO MEAN THE POLICY COVERED A PREMISES AT WHICH THE INSURED DID NOT RESIDE (FIRST DEPT).
PLAINTIFFS ENTITLED TO SUMMARY JUDGMENT ON THEIR DEFECTIVE DESIGN CAUSE OF ACTION IN THIS PRODUCTS LIABILITY CASE (FIRST DEPT).
State and City Human Rights Law Retaliation Claims Were Not Precluded by Dismissal of Federal Retaliation Claims Pursuant to the Family and Medical Leave Act—Different Protected Activities Involved
Assumption of Duty to Maintain Sidewalk; No Expert Notice Needed for Treating Physician
PIERCING THE CORPORATE VEIL (ALTER EGO) ALLEGATIONS PROPERLY SURVIVED MOTION TO DISMISS.
NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PLAINTIFF’S LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION SHOULD NOT HAVE... THERE IS A QUESTION OF FACT WHETHER A DRUG, WHICH CAN DISSOLVE BLOOD CLOTS IN...