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CONSUMERS DISTRIB. CO., LTD. v. BAKER PROTECTIVE SERVS., INC.

202 A.D.2d 327 (1994)

609 N.Y.S.2d 213

Consumers Distributing Co., Ltd., Appellant, v. Baker Protective Services, Inc., Doing Business as Wells Fargo Alarm Services, Respondent

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

March 22, 1994

We agree with the IAS Court that the failure of defendant's employee on two occasions to respond to a signal indicating a possible burglary despite hourly noise reminders, while clearly ordinary negligence, was not gross negligence, i.e, "conduct that evinces a reckless disregard for the rights of others or `smacks' of intentional wrongdoing" (Colnaghi, U.S.A. v Jewelers Protection Servs., 81 N.Y.2d 821, 823-824, quoting Sommer...

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