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DAJKOVICH v. HOTEL WALDORF-ASTORIA CORP.

285 A.D. 421 (1955)

Francisca G. Dajkovich, Respondent, v. Hotel Waldorf-Astoria Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 1955.

Attorney(s) appearing for the Case

John H. Sherry of counsel (Archie B. Morrison, John D. Lynn and Robert A. Dwyer with him on the brief; William S. O'Connor, attorney), for appellant.

Frederick vP. Bryan of counsel (Nicholas R. Doman and Philip J. Wessel with him on the brief; Smith, Sargent, Doman & Grant, attorneys), for respondent.

Charles W. Merritt and Gerard A. Navagh of counsel (Lord, Day & Lord, attorneys), for New York State Hotel Association, Inc., amicus curia.

PECK, P. J., BREITEL, BASTOW and BOTEIN, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents and votes to reverse and order a new trial unless plaintiff stipulates to reduce the verdict to $1,500 by reason of limitation of liability in the sum of $100 for each piece of baggage separately checked.

Per Curiam.

By verdict and judgment which we find to be entirely supportable, defendant has been held liable for the conversion of plaintiff's property. The only question which invites comment is whether defendant is entitled to a limitation of its liability by virtue of section 201 of the General Business Law. We think not.

Section 201 affords an innkeeper a limited liability, under certain circumstances, for...

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