October 2, 2012

Agreements to waive claims.



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.