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RINALDI v. WELLS FARGO ALARM

47 A.D.2d 462 (1975)

Rinaldi & Sons, Inc., Formerly Known as Bella Donna Packing Co., Inc., Appellant, v. Wells Fargo Alarm Service, Inc., a Division of Baker Protective Service, Inc., Formerly Central Station Signals, Inc., Respondent

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

May 5, 1975

Attorney(s) appearing for the Case

David H. Deitsch for appellant.

Berman & Frost (Saul Goldstein of counsel), for respondent.

LATHAM, BENJAMIN and MUNDER, JJ., concur with CHRIST, J; HOPKINS, Acting P. J., dissents in part and votes to grant a new trial limited to the issue of damages, with an opinion.

CHRIST, J.

The plaintiff, a subscriber to a burglar alarm monitoring and reporting system operated by the defendant, brought suit based upon the defendant's negligent failure to perform its contractual duty to report a signal which "might indicate illegal entry", for the amount the plaintiff lost as the result of a successful burglary of some 483 cartons of cheese, most of which weighed between 50 and 100 pounds...

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