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GONCALVES v. REGENT HOTELS

58 N.Y.2d 206 (1983)

Eliza M. Goncalves, Also Known as Eliza G. M. Salles, Appellant, v. Regent International Hotels, Limited, Doing Business as Mayfair Regent, et al., Respondents. (Action No. 1.) Sarah Cecconi, Appellant, v. Regent International Hotels, Limited, Doing Business as Mayfair Regent, et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided February 17, 1983.

Attorney(s) appearing for the Case

A. Richard Golub for Eliza M. Goncalves, appellant.

Robinson B. Lacy, Michael W. Weir and James H. Carter for Sarah Cecconi, appellant.

Franklin D. Tell and Solomon M. Cheser for respondents.

Jack P. Jefferies, Stephen J. Crimmins and John J. Murphy for the New York State Hotel & Motel Association, Inc., and another, amici curiae.

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

Chief Judge COOKE.

A hotel will not be availed of limited liability provided by section 200 of the General Business Law for the loss or destruction of a guest's property delivered to it for safekeeping unless the hotel establishes that it provided a "safe" within the meaning of that section. The hotel may be charged with its failure to provide an adequate facility.

Plaintiffs in these two consolidated...

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