CONSUMERS DISTRIB. v. BAKER PROTECTIVE SERV

We agree with the IAS Court that the failure of defendant's employee on two occasions to respond to a signal indicating a possible burglary despite hourly noise reminders, while clearly ordinary negligence, was not gross negligence, i.e, "conduct that evinces a reckless disregard for the rights of others or `smacks' of intentional wrongdoing" (Colnaghi, U.S.A. v. Jewelers Protection Servs., 81 N.Y.2d 821, 823-824, quoting Sommer v Federal Signal Corp., 79 N.Y.2d 540, 554), and that the contract clause limiting defendant's liability from its own negligence is therefore enforceable (compare, Stuart Rudnick, Inc. v. Jewelers Protection Servs., 194 A.D.2d 317).

Concur — Rosenberger, J.P., Kupferman, Rubin and Williams, JJ.