Hoffman Music Shop, Inc. v. Honeywell Protection Services, Inc.

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff’s amended complaint, dated March 7, 1983, seeks recovery for damages for breach of contract resulting from the alleged failure of a burglar alarm system to function during a burglary of plaintiff’s premises. The alarm system was installed by defendant’s predecessor in interest. A second cause of action alleges that false and fraudulent statements were made to induce plaintiff to enter into the contract. Defendant’s answer is dated March 28, 1983 and on June 14, 1983…