DOWNSTATE MED. v. PUROLATOR


138 Misc.2d 714 (1988)

Downstate Medical Center, Plaintiff, v. Purolator Courier Corp., Defendant.

Civil Court of the City of New York, Kings County.

January 25, 1988


Attorney(s) appearing for the Case

Hincley & Silbert (Lee A. Spielmann of counsel), for defendant. Cullen & Dykman (Robert Vecchio of counsel), for plaintiff.


HARRY MICHELSON, J.

This case presents an issue of apparent first impression. To what extent does the Uniform Commercial Code permit a carrier to limit its own liability for reckless and/or grossly negligent conduct by inserting an exculpatory or liability limitation clause in the bill of lading? The issue arises by way of defendant's motion pursuant to CPLR 3212 for summary judgment dismissing the plaintiff...

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