Practice point: Generally, a contractual provision absolving a party from its own negligence or limiting its liability is enforceable.
Students should note, however, that, as a matter of public policy, a contracting party may not insulate itself from damages caused by grossly negligent conduct.
Case: Goldstein v. Carnell Associates, Inc., NY Slip Op 04741 (2d Dept. 2010)
Here is the opinion.
Monday's issue: Motion practice.
