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NINACCI DIAMOND & JEWELRY COMPANY v. MILLER FREEMAN, INC.

281 A.D.2d 342 (2001)

722 N.Y.S.2d 519

NINACCI DIAMOND & JEWELRY COMPANY et al., Appellants, v. MILLER FREEMAN, INC., et al., Respondents. MILLER FREEMAN, INC., Third-Party Plaintiff-Respondent, v. RAV INVESTIGATIVE SERVICES, INC., et al., Third-Party Defendants, and EXHIBITION SERVICE AND RENTALS, INC., Third-Party Defendant-Respondent. RAV INVESTIGATIVE AND SECURITY SERVICES, LTD., Sued Herein as RAV INVESTIGATIVE SERVICES, INC., Fourth-Party Plaintiff, v. NEW YORK CONVENTION CENTER OPERATING CORPORATION et al., Fourth-Party Defendants-Respondents.

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

Decided March 27, 2001.

While Miller Freeman's failings in securing plaintiffs' valuables at the trade show may be indicative of negligence, they do not evince the recklessness necessary to abrogate the exculpatory clause in the parties' agreement (see Colnaghi, U.S.A. v Jewelers Protection Servs., 81 N.Y.2d 821, 823-824; David Gutter Furs v Jewelers Protection Servs., 79 N.Y.2d 1027; Hartford Ins. Co. v Holmes...

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