Practice point: Parties to arm's-length transactions may agree to waive
claims based on personal liability.
Student note: Contractual provisions that absolve a party of its
own negligence are enforceable, absent evidence of gross negligence.
Case:
261 E. 78th Realty Corp. v. Bernstein,
NY Slip Op 06260 (1st Dept.
2012).
Here is the decision.
Tomorrow’s issue: Appellate practice.