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WEINBERG v. D-M REST. CORP.

53 N.Y.2d 499 (1981)

Nicole Weinberg, Respondent, v. D-M Restaurant Corporation, Appellant.

Court of Appeals of the State of New York.

Decided June 18, 1981.

Attorney(s) appearing for the Case

Joseph D. Ahearn, Joseph W. Conklin and Michael Majewski for appellant.

Morris Block for respondent.

Gerard A. Navagh for New York State Restaurant Association, Inc., amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge MEYER; JUDGE FUCHSBERG dissents and votes to affirm in a separate opinion.

MEYER, J.

Section 201 of the General Business Law has no bearing upon an action against a restaurant owner sued for the conversion of a coat checked by a patron. It does limit recovery by a patron who sues for negligence: to the value of the coat if negligence be shown, a fee or charge is exacted for checking the coat, and a value in excess of $75 is declared and a written receipt stating such value is issued...

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