SPRUNG v. COMMAND SECURITY CORPORATION


38 A.D.3d 478 (2007)

833 N.Y.S.2d 60

ZVI SPRUNG, as Executor of SARA SPRUNG and Another, Deceased, Plaintiff, v. COMMAND SECURITY CORPORATION et al., Defendants. JOAN BELINC, as Executrix of RAYMOND D'AMELIO, Deceased, Respondent, v. COMMAND SECURITY CORPORATION, Appellant, and AMALGAMATED DWELLINGS, INC., et al., Respondents, et al., Defendant.

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

Decided March 29, 2007.


Paragraph A of the subject security services agreement provides that the company "shall furnish [owner] with ... Security Personnel [defined as `uniformed or plainclothes guards and/or other security personnel'] at such location or locations from such starting dates and times and during such hours with such special equipment ... as [company] and [owner] shall mutually agree upon in writing." Paragraph E provides, insofar as pertinent...

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