Justice Saliann Scarpulla
Slade Elevator moved for summary judgment dismissing Eretz Group’s counterclaim in this breach of contract action. Eretz hired Slade to service and maintain elevators at commercial properties. Eretz defaulted in making payments, and Slade stopped providing services to the elevators. Slade sought to recover over $55,000 in unpaid bills, while Eretz counterclaimed for $500,000 in lost rental income it allegedly suffered when tenants moved out or were given credit for dissatisfaction with the elevator operations in their premises. Slade sought dismissal arguing Eretz’s counterclaim was barred by the language of the maintenance contract providing that Slade would not be held responsible or liable for loss or damage by non-operation of the equipment, or for consequential damages. Eretz claimed the provision was ambiguous and subject to more than one interpretation, noting also the provision was unenforceable as against public policy because it attempted to shield Slade from liability for damages arising from its own gross negligence. The court disagreed finding Eretz’s claim conclusory and meritless as the provision clearly stated Slade would not be held liable "in any event" for consequential damages. Thus, it granted Slade’s motion.
