After Martin Brothers agreed to have an ADT home security system installed in his home, a worker for the installer -- Tyco International -- accidentally drilled a hole into a waste pipe and the resulting leak caused a mold condition.
After he received $40,000 from his insurance carrier, Brothers sued Tyco in Westchester County Supreme Court to recover consequential and incidental damages. When that court granted Tyco's dismissal request, an appeal to the Appellate Division, Second Department, followed.
Since the parties' contract released Tyco from any liability for a mold condition, the AD2 affirmed the dismissal -- particularly in the absence of a "compelling public policy consideration" which would have warranted "voiding the exculpatory provision."
Oh Brothers! 
To view a copy of the Appellate Division's decision, please use this link: Brothers v. Tyco Intl., Ltd.