Here is a recent alarm defense case handled by my office with total

success. Be sure to read the entire case on my web site at

http://www.kirschenbaumesq.com/shpalace.pdf

 

 

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Jewelry store sued alarm company for burglary loss. Commercial alarm lease

was entered into in October 2000. Alarm company received a signal on

Saturday night July 2, 2005 at 11:06 pm. The alarm company, which was also

the central station, called the premises and got no answer. At 11:07 pm the

alarm company called the owner at home, and the owner claimed that the

alarm company told him there was no problem and that it would send a guard

if there was a problem. At that same time the alarm company notified its

guard company and the NYC police 911 operator at 11:10 pm. The central

station got another signal at 11:24 pm. The guard arrived at 11:41 pm, did

an exterior search and saw no sign of break in. The guard had no key. The

guard left at 12:06 am.

The next day, Sunday night, at 10:30 pm the police called the owner and

told him the store had been burglarized. The alarm system wires had been

cut and the alarm dismantled.

 

The contract between the alarm company and subscriber was my standard alarm

lease. My office handled the defense of this action. We moved for summary

judgment dismissing the complaint relying upon the terms of the contract.

The judge made note of several provisions of the contract, specifically the

No Warranties or Representations, the Exculpatory Clause and Limitation of

Liability Provision.

The judge provided a thorough analysis in her decision and I urge you to

read the entire decision which is on my web site in Reported Cases [the top

case entitled S&H Palace v New York Merchants].

The judge notes that the provisions are enforceable absent gross

negligence, and then discusses how New York views gross negligence in alarm

cases.

The judge granted our motion to dismiss the complaint, but the decision got

better. We also moved to recover the alarm company's legal fees for

defending the action, and the judge granted that part of the motion as

well, setting the matter down for a separate hearing.

 

This action emphasizes two important points.

First, you must have a proper contract to rely upon.

Second, you must know how to use that contract to defend yourself.

There are lots of ways to screw up the defense of an alarm case, even with

a proper contract. You must insist that your cases be handled by attorneys

who have experience in alarm defense cases and a proven track record. Keep

in mind that your case is not just about that case, but your next case and

everyone else's next case.

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