In Harsco Corp. v. Segui (91 F3d 337 [2d Cir 1996]), the Second Circuit drew a distinction from its decision in Turkish.
In Harsco, in addition to a limitation of liability provision, the agreement at issue also contained a representation disclaimer clause.
"We further distinguished a contract which 'specifically disclaims the existence of the representations which plaintiffs claims are fraudulent . . . Turkish v. Kasenetz does not apply" (id. at 344-45).