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EDWARDO GALLERIES, LTD. v. FEDERAL EXPRESS CORPORATION

5 A.D.3d 313 (2004)

773 N.Y.S.2d 550

EDWARDO GALLERIES, LTD., Respondent-Appellant, v. FEDERAL EXPRESS CORPORATION, Appellant-Respondent.

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

March 30, 2004.

For this shipment, which consisted of two porcelain figurines, defendant's airbill contained a liability limitation of $500 per item. However, that limitation no longer applied when plaintiff identified the goods being shipped and declared a maximum value per item of $25,000, paying an additional fee based on that valuation. Instead of refusing shipment on that condition, defendant accepted the items at the declared value, along...

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