GUSTON FURS LTD. v. COMET REALTY CORP.


225 A.D.2d 417 (1996)

640 N.Y.S.2d 485

Guston Furs Ltd., Appellant, v. Comet Realty Corp. et al., Respondents

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

March 19, 1996


Proof that defendant alarm company did not enter the building in which plaintiff was a tenant after receiving an alarm from plaintiff's premises was insufficient to raise an issue of fact as to whether the alarm company was grossly negligent, and therefore liable for the value of plaintiff's stolen goods despite the contract clause exculpating it for negligence, in the face of other proof that the alarm company did dispatch a guard to the building, notify the police and twice...

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