COLNAGHI, U.S.A., LTD. v. JEWELERS PROT. SERVS., LTD.


81 N.Y.2d 821 (1993)

Colnaghi, U.S.A., Ltd., et al., Respondents, v. Jewelers Protection Services, Ltd., Appellant, et al., Defendant. (And Another Action.)

Court of Appeals of the State of New York.

Decided February 23, 1993.


Attorney(s) appearing for the Case

Conway, Farrell, Curtin & Kelly, P. C., New York City (Jonathan Uejio of counsel), for appellant.

Mound, Cotton & Wollan, New York City (Renee Plessner of counsel), for respondents.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's motion for summary judgment dismissing the complaint and the third-party complaint granted, and the certified question answered in the negative.

Jewelers Protection Services, Ltd. (Jewelers), an alarm company, contracted with Colnaghi, U.S.A., Ltd. (Colnaghi), an art gallery, to install, maintain and monitor two burglar alarm...

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