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HANOVER INS v. D & W ALARM CO.

164 A.D.2d 112 (1990)

Hanover Insurance Company, as Subrogee and/or Assignee of NBK Company Manufacturing Jewelers, et al., Respondents, v. D & W Central Station Alarm Co., Inc., Appellant, et al., Defendants

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

October 4, 1990

Attorney(s) appearing for the Case

Kenneth Kirschenbaum of counsel (Ira Levine with him on the brief; Kirschenbaum & Kirschenbaum, attorneys), for appellant.

Arthur N. Lambert of counsel (Marc R. Lepelstat with him on the brief; Lambert & Weiss, attorneys), for respondents.

ROSS, J. P., ELLERIN and WALLACH, JJ., concur.

KASSAL, J.

This appeal calls upon the court to clarify the law with respect to limitation of liability clauses in contracts for the provision of burglary alarm services and related protection. For the reasons that follow, defendant-appellant may not rely upon such a contractual provision to limit its liability for acts of alleged gross negligence, and the IAS Part properly denied its motion for summary judgment...

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