MASTER CRAFT JEWELRY CO., INC. v. HOLMES PROTECTION OF NEW YORK, INC.


277 A.D.2d 56 (2000)

717 N.Y.S.2d 4

MASTER CRAFT JEWELRY CO., INC., Appellant, v. HOLMES PROTECTION OF NEW YORK, INC., et al., Respondents.

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

Decided November 14, 2000.


Plaintiff entered into a contract with defendant for the installation and operation of certain electronic surveillance devices. The contract provided that absent a further premium payment for indemnification, defendant would not be liable for damages resulting from a failure of the system. It is conceded that no such payment was made. Under the circumstances, defendant would only be liable for its gross negligence.

The court properly determined that defendant's conduct...

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