Goldstein v. Carnell Associates, Inc., et al.

This professional liability action alleging one count of gross negligence was brought against a home inspector by a purchaser of residential property.  Plaintiff attempted to circumvent the limitation of liability clause in the pre-inspection contract by alleging gross negligence.  We moved for summary judgment based upon the pre-inspection contract and the lower court denied our motion.

 We appealed to the Appellate Division – Second Department, and the Appellate court reversed the lower court’s decision with costs, finding that plaintiff failed to raise a triable issue of facts as to whether the defendants' alleged acts or omissions went beyond ordinary negligence and satisfied the gross negligence standard.   This case has been cited in numerous subsequent cases dealing with the gross negligence standard and has become binding precedent in this area of the law.