Klar v. H. & M. Parcel Room, Inc.

Full title: SIDNEY R. KLAR et al., Respondents, v. H. M. PARCEL ROOM, INC., Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Jun 25, 1945

185 Misc. 477 (N.Y. App. Term 1945)

56 N.Y.S.2d 286

Opinion

June 25, 1945.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, KATZENSTEIN, J.

Travers E. Devlin and John E. Buck for appellant.

George Landesman and Horace G. Marks for respondents.

MEMORANDUM

Per Curiam.

The defendant's liability under the contract is limited to the sum of $25; it is adequately shown by the evidence that this limitation was sufficiently brought to plaintiffs' attention and constituted a contract between the parties.

The judgment should be modified by reducing plaintiffs' recovery to the sum of $25, with costs, and as modified affirmed, with $25 costs to appellant to be set off against plaintiffs' judgment.

HAMMER, SHIENTAG and EDER, JJ., concur.

Judgment accordingly.