Court of Appeals of New York
Abacus Federal Savings Bank v. ADT Security Services, Inc., 33
In a bank's action against two security services companies to recover damages under tort and contract theories for losses incurred during a burglary of the bank, the Appellate Division's dismissal of the complaint is modified, where: 1) the allegations in the complaint sufficiently alleged conduct on the part of the defendants that, if true, constituted gross negligence, which cannot be absolved by contract; but 2) a waiver-of-subrogation clause in the contract of one of the security services companies provided it a complete defense; and 3) the complaint did not allege conduct that would give rise to separate liability in tort.
Appellate Information
- Decided 03/23/2012
- Published 03/23/2012
Judges
- Ciparick
Court
- Court of Appeals of New York
Counsel
- For Appellant:
- George S. Sava, Charles Eblen