Rinaldi & Sons, Inc. v. Wells Fargo Alarm Service, Inc.

Chief Judge Breitel.

Plaintiff Rinaldi is a subscriber to *194defendant Wells Fargo’s burglar alarm reporting service. Rinaldi sued Wells Fargo for breach of contract and negligence, alleging defendant’s failure to report a burglary signal. Supreme Court after trial dismissed the complaint. The Appellate Division reversed and directed judgment in favor of Rinaldi for $50, damages as limited by the liability clause in their agreement. Both parties appeal.

The issues are whether, if there were equally balanced evidence, plaintiff proved its case and, strongly raised by the parties and considered by…