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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