BOROUGH HALL-OXFORD TOBACCO CORP. v. CENT. OFFICE ALARM CO., INC.


35 A.D.2d 523 (1970)

Borough Hall-Oxford Tobacco Corp., Respondent, v. Central Office Alarm Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 2, 1970


Order reversed, with $10 costs and disbursements, and motion denied.

The affidavit of plaintiff's president based on a newspaper article is pure hearsay and not conclusive evidentiary facts that plaintiff's property was stolen by defendant's employees. There further are still questions of fact relating to negligence of defendant in hiring and supervising its employees as well as questions of fact relating to the intent of the parties under their contract. The motion...

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