GENTILE v. GARDEN CITY ALARM


147 A.D.2d 124 (1989)

Anthony Gentile et al., Respondents-Appellants, v. Garden City Alarm Company, Inc., Appellant-Respondent

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

May 22, 1989


Attorney(s) appearing for the Case

Kirschenbaum & Kirschenbaum, P. C. (Kenneth Kirschenbaum of counsel), for appellant-respondent.

Speyer & Perlberg (Dennis M. Perlberg of counsel), for respondents-appellants.

BRACKEN, SPATT and BALLETTA, JJ., concur.


MANGANO, J. P.

There are two issues to be resolved on the instant appeals, namely, (1) whether the plaintiffs supplied sufficient probative evidence in opposition to the defendant's motion for summary judgment to create a question of fact with respect to the defendant's gross negligence, and (2) assuming, arguendo, that the plaintiffs prevail at trial on the issue of gross negligence, whether the defendant validly...

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