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ART MASTERS ASSOCS. v. UPS

77 N.Y.2d 200 (1990)

Art Masters Associates, Ltd., et al., Respondents, v. United Parcel Service, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1990.

Attorney(s) appearing for the Case

George G. Gallantz, Francis D. Landrey, Scott A. Eggers, James Crawford, Steve D. Shadowen and Nicolette Parisi for appellant.

Alfred C. Polidore for respondents.

Kenneth E. Siegel, of the Virginia Bar, admitted pro hac vice, for American Trucking Associations, Inc. and another, amici curiae.

Chief Judge WACHTLER and Judges HANCOCK, JR., and BELLACOSA concur with Judge ALEXANDER; Judge TITONE dissents and votes to affirm in a separate opinion in which Judge SIMONS concurs; Judge KAYE taking no part.

ALEXANDER, J.

In I.C.C. Metals v Municipal Warehouse Co. (50 N.Y.2d 657), we held that in an action for conversion, where a warehouse fails to adequately explain its failure to return bailed goods, it is not entitled to the benefit of its contractual limitation of liability. Thus, conversion is presumed and the bailor is entitled...

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