Idone v. Pioneer Savings & Loan Ass'n

In an action, inter alia, to recover damages for negligence and breach of warranty, the defendant and third-party plaintiff appeals from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), entered February 24, 1989, as granted the motion of the third-party defendant for summary judgment limiting its liability to the appellant to 10% of the annual service charge specified in its burglar alarm service contract.

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The appellant is engaged in banking. The third-party defendant,…