DOMANI JEWELERS v. UPS


147 Misc.2d 433 (1990)

Domani Jewelers, Inc., Plaintiff, v. United Parcel Service, Defendant.

Supreme Court, New York County.

May 8, 1990


Attorney(s) appearing for the Case

Ken Adler & Associates (Alan Copertino of counsel), for defendant. Cohen & Tucker (Stanley A. Cohen of counsel), for plaintiff.


EDWARD H. LEHNER, J.

The motion by defendant for summary judgment is granted, and the clerk shall enter judgment dismissing the complaint.

The tariff filed by defendant with the Interstate Commerce Commission provides that it may accept a cashier's check where the shipper has indicated "cash only" and that the risk of nonpayment and forgery is on the shipper. Since the shipper is bound by the terms of the filed tariff, even without knowledge or...

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