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JASPHY v. OSINSKY

834 A.2d 426 (2003)

364 N.J. Super. 13

Felice C. JASPHY, a/k/a Ztzipi Jasphy, Plaintiff-Respondent, v. Elana OSINSKY, a/k/a Ilana Shomrony, Ernest Osinsky and Cedar Lane Furs, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 2003.

Attorney(s) appearing for the Case

Brian J. Bolan, Parsippany, argued the cause for appellants (Gennet, Kallmann, Antin & Robinson, attorneys; Mr. Bolan, on the brief).

Jill S. Taylor, argued the cause for respondent (Leonard S. Miller, attorney, Fair Lawn; Ms. Taylor, on the brief).

Before Judges NEWMAN, FALL and PARRILLO.

The opinion of the court was delivered by NEWMAN, J.A.D.

The limitation of liability clause in a fur storage agreement, limiting the liability of the furrier to $1 per garment, was struck down by the trial court as unconscionable. We agree and affirm.

The relevant facts which are not disputed may be summarized as follows. On March 27, 2001, plaintiff Felice Jasphy brought three fur coats to defendant Ilana Shomrony's (initially misidentified as Elana

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