FURS v. JEWELERS PROT. SERVS., LTD.


79 N.Y.2d 1027 (1992)

David Gutter Furs, Respondent, v. Jewelers Protection Services, Ltd., Appellant.

Court of Appeals of the State of New York.

Decided May 12, 1992.


Attorney(s) appearing for the Case

Sheila L. Birnbaum for appellant.

Alexander J. Wulwick and Lawrence Bernstein for respondent.

Chief Judge WACHTLER and Judges KAYE, HANCOCK, JR., BELLACOSA and YESAWICH, JR., concur in memorandum; Judges SIMONS and TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's motion for summary judgment granted, and the certified question answered in the negative.

Before moving to a new location, plaintiff, a fur dealer, contracted with defendant to design, install and monitor a burglar alarm system. In December 1986, several weeks after plaintiff occupied...

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