July 2, 1970
In an action brought to recover the value of merchandise allegedly stolen from plaintiff's premises by employees of defendant, who had provided burglar alarm services for the premises, the appeal is from an order of the Supreme Court, Kings County, dated November 1, 1967, which granted plaintiff's motion for summary judgment, directing an assessment of damages to be held. Order reversed, with $10 costs and disbursements, and motion denied. The affidavit of plaintiff's president based on a newspaper article is pure hearsay and not conclusive evidentiary facts that plaintiff's property was stolen by defendant's employees. There further are still questions of fact relating to negligence of defendant in hiring and supervising its employees as well as questions of fact relating to the intent of the parties under their contract. The motion for summary judgment should have been denied (CPLR 3212; Stone v. Goodson, 8 N.Y.2d 8; City of Troy v. Kemp, 20 A.D.2d 596). Christ, P.J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.