Furs v. Jewelers Protection Services, Ltd.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Abacus Fed. Sav. v. Adt SEC. (N.Y. 2012)
- Net2Globe Intern., Inc. v. Time Warner Telecom of NY (District Court, S.D. New York 2003)
- Metropolitan Property & Casualty Insurance v. Budd Morgan Central Station Alarm Co. (District Court, E.D. New York 2000)
- PolyVision Corporation v. Fives ST Corporation (United States District Court, Oklahoma Eastern 2024)
- Bristol Village, Inc. v. Louisiana-Pacific Corp. (District Court, W.D. New York 2016)
- Nirvana International, Inc. v. ADT Security Services, Inc. (2d Cir. 2013)
- Abacus Federal Savings Bank v. ADT Security Services, Inc. (N.Y. 2012)
- American Automobile Insurance v. Rest Assured Alarm System, Inc. (District Court, S.D. New York 2011)
- Industrial Risk Insurers v. Port Authority of New York & New Jersey (District Court, S.D. New York 2005)
- Fireman's Fund Insurance v. ADT Security Systems, Inc. (District Court, E.D. New York 1994)
- Abacus Federal Savings Bank v. ADT Security Services, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Colnaghi, U.S.A., Ltd. v. Jewelers Protection Services, Ltd. (N.Y. 1993)
- Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings (N.Y. 2020)
- Soja v. Keystone Trozze, LLC (Appellate Division of the Supreme Court of New York 2013)
- Soja v. Keystone Trozze, LLC (Appellate Division of the Supreme Court of New York 2013)
- Chan v. Counterforce Central Alarm Services Corp. (Appellate Division of the Supreme Court of New York 2011)
- L&S Motors, Inc. v. Broadview Networks, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Reade v. 405 Lexington, L.L.C. (Appellate Division of the Supreme Court of New York 2005)
- Kogan v. Fenster (Appellate Terms of the Supreme Court of New York 2002)
- Ninacci Diamond & Jewelry Co. v. Miller Freeman, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Collins v. Adriatic Painting & Decorating (Appellate Division of the Supreme Court of New York 2000)
- Aphrodite Jewelry, Inc. v. D&W Central Station Alarm Co. (Appellate Division of the Supreme Court of New York 1998)
- Gold Connection Discount Jewelers, Inc. v. American District Telegraph Co. (Appellate Division of the Supreme Court of New York 1995)
- Nathan Silberberg Galleries, Ltd. v. Holmes Protection of New York, Inc. (N.Y. 1994)
- King v. County of Warren (N.Y. 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, defendant’s motion for summary judgment granted, and the certified question answered in the negative.
Before moving to a new location, plaintiff, a fur dealer, contracted with defendant to design, install and monitor a burglar alarm system. In December 1986, several weeks after *1029 plaintiff occupied its new premises, furs worth about $300,000 were stolen in a nighttime burglary, but the alarm did not sound. In plaintiff’s action for negligence and breach of contract, defendant sought summary judgment on the basis of contractual exculpatory and limitation of liability clauses, but plaintiff claimed that those clauses are unenforceable because defendant was grossly negligent.
Plaintiff’s assertion of gross negligence is based on its expert’s opinion that there should have been two motion detectors, instead of one, on each level; a shock sensor should have been installed; defendant should have ascertained how the inventory would be arranged; and a post-occupancy inspection should have been undertaken. Taken together, these allegations do not raise an issue of fact whether defendant performed its duties with reckless indifference to plaintiff’s rights, and thus the contractual exculpatory and limitation of liability clauses are enforceable (see, Sommer v Federal Signal Corp., 79 NY2d 540, 554 [decided today]).
Chief Judge Wachtler and Judges Kaye, Hancock, Jr., Bellacosa and Yesawich, Jr., * concur in memorandum; Judges Simons and Titone taking no part.
Order reversed, etc.
Designated pursuant to NY Constitution, article VI, § 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.