Legal Opinion
Guston Furs Ltd. v. Comet Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1996PublishedCited by 3 opinions
1Opinion of the Court
Proof that defendant alarm company did not enter the building in which plaintiff was a tenant after receiving an alarm from plaintiff’s premises was insufficient to raise an issue of fact as to whether the alarm company was grossly negligent, and therefore liable for the value of plaintiff’s stolen goods despite the contract clause exculpating it for negligence, in the face of other proof that the alarm company did dispatch a guard to the building, notify the police and twice attempt to contact plaintiff (Silberberg Galleries v Holmes Protection, 84 NY2d 859; see, Colnaghi, U.S.A. v Jewelers…
2Cases cited8 opinions
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
- Colnaghi, U.S.A., Ltd. v. Jewelers Protection Services, Ltd.New York Court of Appeals · 1993
- Pagan v. Hampton Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Rudel v. National Jewelry Exchange Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Hanover Insurance v. D & W Central Station Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by3 opinions
- Aphrodite Jewelry, Inc. v. D&W Central Station Alarm Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Collins v. Adriatic Painting & DecoratingAppellate Division of the Supreme Court of the State of New York · 2000
- Marun v. Sunrise Mall AssociatesAppellate Division of the Supreme Court of the State of New York · 1998