FLORENCE v. MERCHS. CENT. ALARM CO., INC.


51 N.Y.2d 793 (1980)

Michael Florence et al., Doing Business as National Record Plan, Appellants, v. Merchants Central Alarm Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 7, 1980.


Attorney(s) appearing for the Case

Milton B. Pfeffer for appellants.

Robert L. Horkitz for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The contract provided that "The sole duty of the Contractor is to notify the Police Department and the Subscriber by calling on the telephone if a signal is received in the Central Station which might indicate illegal entry" (par 4) and that "the Contractor assumes no responsibility whatsoever for the

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