BARBIZON CORP. v. LOCK-AIR DELIVERY


43 Misc.2d 151 (1964)

Barbizon Corp., Plaintiff, v. Lock-Air Delivery, Inc., Defendant.

Civil Court of the City of New York, Trial Term, New York County.

June 5, 1964


Attorney(s) appearing for the Case

Tell, Cheser, Werner & Breithart (Seymour Lefkowitz of counsel), for plaintiff. Platow & Lyon (Lawrence M. Honig and George G. Platow of counsel), for defendant.


SAMUEL A. SPIEGEL, J.

This is an action to recover damages in the sum of $712.41 for the loss of 1 carton of goods delivered to defendant. It was conceded by defendant that it received 11 cartons consigned to plaintiff and that it lost 1 carton.

The defendant has affirmatively pleaded that its liability is limited by contract to $50.

There can be no doubt that the shipment is intracity. Consequently, the rights of the parties are to be...

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