Master Craft Jewelry Co. v. Holmes Protection of New York, Inc.

—Order, Supreme Court, New York County (Jane Solomon, J.), entered October 29, 1999, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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…