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H. G. METALS v. WELLS FARGO SERV.

45 A.D.2d 490 (1974)

H. G. Metals Inc., Appellant, v. Wells Fargo Alarm Services, a Division of Baker Protective Services, Inc., et al., Respondents

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

October 15, 1974.

Attorney(s) appearing for the Case

Benjamin Feldstein of counsel (David Deitsch with him on the brief; Feldstein & McNulty, attorneys), for appellant.

James C. Dwyer of counsel (Dwyer & Duffy, attorneys), for Wells Fargo Alarm Services, respondent.

Edward G. Watson of counsel (George E. Ashley, attorney), for New York Telephone Company, respondent.

MARKEWICH, J. P., and MURPHY, J., concur with STEUER, J.; LANE, J., dissents in an opinion in which LUPIANO, J., concurs.

STEUER, J.

The plaintiff operated a plant for the manufacture of screws and similar objects from brass. The plant was located at 1355 Atlantic Avenue, Brooklyn. The plaintiff had a burglar alarm system installed by Electric Fire Alarm Company, not a party to this action. The alarm system consisted of a gong which was attached to an outside wall of the building and would be activated if any place of ingress to...

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