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Crosby v. 20 Fifth Avenue Hotel Co.

173 Misc. 604 Court Supreme Court, Appellate Term, First Department, Decision date 1940-01-05 English

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p. 604
John P. Crosby, Respondent, v. 20 Fifth Avenue Hotel Co., Inc., and 49th St. & Madison Ave. Corp., Appellants, Impleaded with New Weston Annex Corp., Defendant.[1]
Supreme Court, Appellate Term, First Department,
January 5, 1940.
Edward Morrison [Campbell & Boland of counsel], for the appellants.
Harold Green, for the respondent.

A hotel is not chargeable as a bailee for a valuable antique left in a trunk where plaintiff did not give notice that the trunk contained anything but ordinary personal luggage. (Waters v. Beau Site Co., 114 Misc. 65 ; Magnin v. Dinsmore, 62 N. Y. 35 .)

Judgment modified by reducing the amount thereof to the sum of seventy-five dollars, with costs, and as modified affirmed, with twenty-five dollars costs to the appellants.

All concur. Present — Hammer, Shientag and Noonan, JJ.

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