MAXINE CO. v. BRINK'S SERVS

5414

94 A.D.3d 53 (2012)

937 N.Y.S.2d 199

2012 NY Slip Op 475

MAXINE COMPANY, INC., Appellant, v. BRINK'S GLOBAL SERVICES USA, INC., Respondent.

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

Decided January 26, 2012.


Attorney(s) appearing for the Case

Nelson, Levine, de Luca & Horst, LLC, New York City ( Erika C. Aljens and Kevin T. Levine , of the bar of the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel), for appellant.

Warshaw Burstein Cohen Schlesinger & Kuh, LLP, New York City ( Linda Genero Sklaren of counsel), for respondent.

FRIEDMAN, ACOSTA, RENWICK and DEGRASSE, JJ., concur with TOM, J.P.


OPINION OF THE COURT

TOM, J.P.

On appeal from the summary dismissal of the complaint, plaintiff, which shipped valuable jewelry with defendant, contends that the contract of carriage is ambiguous, particularly with respect to the term "fragile." Whether that term is precisely defined in the contract is immaterial to the construction of the instrument since the contract designates all jewelry as fragile for the purpose of Brink's liability for damage...

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