Jacob J. Kirshenbaum, Respondent v. General Outdoor Advertising Company, Inc., Appellant, and Elizabeth W. Chapman…

Summary

The Court held that the broad "no liability" clause in the lease barred the landlord from liability for damage caused by a leaky roof, even when the landlord negligently attempted repairs, and consequently reversed the lower court judgments and dismissed the tenant's claims against both the landlord and the advertising company. The Court also affirmed the dismissal of the claim against the advertising company because the indemnity provision was predicated on landlord liability that the lease clause eliminated. Justice Crane dissented, arguing that the clause should not shield the landlord from liability for negligent repairs and that the tenant should recover.