Redacted Waivers in New York Help Protect

By Doyice Cotten
New York’s highest court has stated that disclaimers or releases of liability are looked upon with disfavor; however, absent conflict with statute or public policy, courts will enforce such contracts (Gross v. Sweet, 1979). Factors used in determining enforcement include: 1) intent of the parties, 2) clearness and comprehensibility of the language, 3) parties’ awareness of the agreement, and 4) the frequency with which the releases appear in the type of transaction under consideration.