Federal Insurance v. Automatic Burglar Alarm Corp.
Opinion of the Court
In an action to recover damages for breach of contract and gross negligence, the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated March 2, 1993, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff, Federal Insurance Company, as the assignee of
Although New York law generally enforces contractual provisions absolving burglar alarm companies from their own negligence, public policy forbids such companies from attempting to escape liability, through contractual clauses, for damages occasioned by grossly negligent conduct (see, Colnaghi, U.S.A. v Jewelers Protection Servs., 81 NY2d 821, 823; Sommer o Federal Signal Corp., 79 NY2d 540, 553-554; Idone v Pioneer Sav. & Loan Assn., 159 AD2d 560, 561; Gentile v Garden City Alarm Co., 147 AD2d 124). When used in this context, grossly negligent conduct is conduct that evinces a reckless disregard for the rights of others or that smacks of intentional wrongdoing (see, Colnaghi, U.S.A. v Jewelers Protection Servs., supra, at 823-824; see also, Sommer v Federal Signal Corp. supra, at 554).
On a motion for summary judgment, the court’s role is to determine whether there is a material issue of fact to be tried, not to resolve it (see, Sommer v Federal Signal Corp., supra, at 554; Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404). We agree with the Supreme Court that the plaintiff’s allegations regarding the defendant’s prior notice of the malfunctioning of Cross Bay’s burglar alarm system and the defendant’s servicing and repair of that system raise issues of fact with respect to whether or not the defendant was grossly negligent. Sullivan, J. P., Santucci, Joy and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.