Pеggy Davis leased an apartment from Bernard Jaffe who was one of the partners doing business as Hickory Lake Associates. This lease provided: Paragraph 3 ". . . Lessor shall not be liable for any damages arising out of the making of any such repairs, or the failure to make the same, nor for any damage whatever to the person or property of the Lessee, the members of his family, agents, guests, employees, or other persons in and upon said premises, or in and about said building at any time, however caused, whether through the negligence or carelessness of any employee of the Lessor or otherwise.
Par. 6 "All personal property placed in the leased *652 premises or in аny other portion of said building or any place appurtenant thereto, shall be at the sole risk of the Lessee or the рarties owning the same, and the Lessor shall in no event be liable for the loss, destruction, theft of or damage to such propеrty.”
Peggy Davis also leased from Aaron Rents, Inc. certain household furniture under a lease which provided: "The owner, landlord, residеnt manager, and any other person with access to any premises where any of the property listed on this contract оr on any amendment, each is hereby expressly authorized and directed to permit Aaron Rents, Inc., or any of its agents to gain access to such premises to repossess and remove all or any portion of the said property from the said prеmises at any time a representation is made that Aaron Rents, Inc. is entitled to possession of said property. Each such рerson is hereby released from any possible responsibility or liability for cooperating with Aaron Rents, Inc., in this regard.” At the time of thе occasion in question Peggy Davis was in arrears in her payments on the furniture lease. She returned from a trip and found the furniture in her аpartment gone, her belongings scattered about the apartment and certain jewelry missing. She brought an action against Jaffе and Aaron Rents, Inc., alleging that the articles of jewelry "were taken by the defendants’ agents at the time they were acting in the scope of their employment for the defendants” and sought payment for the alleged value of the jewelry ($660), and for the alleged "willful, illegal and malicious entry into plaintiffs apartment, which resulted in the above enumerated losses to plaintiff, that she is entitled to punitive damages in the amount of $10,000 and reasonable attorney fees in the amount of $750.” By amendment, she alleged that Aaron Rents, Inc., and Jaffe were partners, doing business as Hickory Lake Associates. Defendant Jaffe’s motion for summary judgment was overruled and he appealed. Held:
While provisions in rental contracts absolving landlords of liability for damages resulting from simple negligence have been upheld as not contravening public policy (see,
King v. Smith,
"On motion for directed verdict the party resisting the motion, i. e., the plaintiff, has had to and hаs presented his evidence, which is then scrutinized by the motion. On motion for summary judgment by a defendant on the ground that plaintiff has no valid clаim, the defendant, as a moving party, has the burden of producing evidence, of the necessary certitude, which negatives the opposing party’s (plaintiffs) claim. This is true because the burden to show there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.”
Burnette Ford, Inc. v. Hayes,
Judgment affirmed.