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EVE GREEN et al., Respondents, v. HOLMES PROTECTION OF NEW YORK, INC., et al., Appellants.

The conduct alleged against defendant burglar alarm company in allowing robbers who gave an incorrect name access to plaintiffs' store at 4 A.M., by divulging over the phone at that hour the security codes that disengaged the alarm after having earlier given out the store keys, clearly meets the standard of reckless disregard for the rights of others or intentional wrongdoing, i.e., gross negligence, that would justify avoidance of the contract clauses absolving defendant of liability for its own negligence ( see, Colnaghi, U.S.A. v. Jewelers Protection Servs., 81 N.Y.2d 821, 823; see also, Hanover Ins. Co. v. D W Cent. Sta. Alarm Co., 164 A.D.2d 112; Williamsburg Food Specialties v. Kerman Protection Sys., 204 A.D.2d 718).

Concur — Murphy, P.J., Ellerin, Wallach and Rubin, JJ.

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GREEN v. HOLMES PROTECTION OF NEW YORK, INC
(Jun 27, 1995)