New York Court of Appeals
Colnaghi, U.S.A., Ltd., Respondents v. Jewelers Protection Services, Ltd., Appellant, Defendant…
February 23, 199381 N.Y.2d 821
Summary
The New York Court of Appeals reversed the Appellate Division and granted Jewelers' motions for summary judgment, dismissing the negligence and breach of contract complaints and the contribution claim. The Court held that the alleged failure to protect a skylight did not rise to the level of gross negligence required to invalidate the contractual exoneration clause.