KLEIN v. SURA JEWELRY MFG. CORP.


53 A.D.2d 854 (1976)

George Klein, Respondent, et al., Plaintiff, v. Sura Jewelry Manufacturing Corporation et al., Appellants

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

July 6, 1976


Judgment affirmed, with costs.

The facts are adequately set forth in the dissenting memorandum of Mr. Justice Martuscello. Defendants argue that the proximate cause of the loss was not Frank Berger's failure to lock the door to the office where the safe was located and to lock the safe but, rather, the intervening and violent crime perpetrated by the two robbers. On the contrary, the record clearly demonstrates, by a fair preponderance of the credible evidence, that...

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