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SOMMER v. FED. SIGNAL CORP

79 N.Y.2d 540 (1992)

Beverly Sommer et al., Respondents-Appellants, v. Federal Signal Corporation et al., Respondents-Appellants, and Holmes Protection, Inc., Appellant-Respondent, et al., Defendant. (And a Third-Party Action and All Related Consolidated Actions.)

Court of Appeals of the State of New York.

Decided May 12, 1992.

Attorney(s) appearing for the Case

Kenneth Kirschenbaum, Ira Levine and Steven L. Alter for appellant-respondent.

Charles J. Moxley, Jr., Michelle J. France, Gareth D. Bye and Peter M. Christel for Beverly Sommer and another, respondents-appellants.

Chester J. Wrobleski, Elizabeth T. Marren and Brian D. Pattison for Infotech Management, Inc., and another, respondents-appellants.

Randall S. D. Jacobs and Robert J. Fryman for Walker Thomas Associates, Ltd., respondent-appellant.

John F. Triggs for Federal Signal Corporation and others, respondents-appellants.

Chief Judge WACHTLER and Judges HANCOCK, JR., BELLACOSA and YESAWICH, JR., concur; Judges SIMONS and TITONE taking no part.

KAYE, J.

This appeal, in consolidated actions against a fire alarm company for negligent services resulting in extensive property damage, centers on an exculpatory clause in the company's contract with its customer. For the reasons that follow, we conclude that the clause would not bar recovery by the customer for the company's grossly negligent conduct; that an issue of fact regarding gross negligence precludes...

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