Atlantic Mutual Insurance v. United Security Group, Inc.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 4, 1996, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

The agreement between plaintiffs subrogor and defendant does not preclude toft claims by either the contracting tenant or the noncontracting owner arising from the security company’s negligent performance of its services.

Based upon defendant security company’s reasonable expectations and the non-contracting building owner’s detrimental reliance on its tenant’s agreement with the…