Opinion
December 20, 1949.
Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.
The evidence contained in the record before us establishes without question that a guest-innkeeper relationship existed at the time the lost property was delivered to defendant's employees. In fact the complaint is predicated on such a relationship. It is undisputed that at the time the bags were delivered, plaintiff made no declaration of value and obtained no receipt as required by section 201 Gen. Bus. of the General Business Law, although proper notices were posted in her room. As a consequence her recovery is limited by statute to $100. Judgment unanimously modified by reducing the recovery to $100 and, as so modified, affirmed. Settle order on notice.