MIDTOWN DISTRIBUTORS CORP. v. MUTUAL CENTRAL ALARM SERVICES, INC.


49 A.D.3d 346 (2008)

852 N.Y.S.2d 768

MIDTOWN DISTRIBUTORS CORP., Appellant, v. MUTUAL CENTRAL ALARM SERVICES, INC., Respondent.

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

Decided March 13, 2008.


Plaintiff's claims that defendant burglar alarm company installed a different alarm system and a different number of sensors than provided in the parties' contract, and failed to determine that the alarm had been tripped by burglars rather than birds, are barred by the exculpatory clause in the contract (see Sue & Sam Mfg. Co. v United Protective Alarm Sys., 119 A.D.2d 664 [1986]; Nuri Farhardi, Inc. v Albany Ins. Co.,

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