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Appellate Terms of the Supreme Court of New York, 1945

Klar v. H. & M. Parcel Room, Inc.

Klar v. H. & M. Parcel Room, Inc.
Appellate Terms of the Supreme Court of New York · Decided June 25, 1945 · Memoeabdum
185 Misc. 477; 56 N.Y.S.2d 286; 1945 N.Y. Misc. LEXIS 2003

Counsel

Travers E. Devlin and John E. Buck for appellant., George Eandesmcm and Horace G. Marks for respondents.

Klar v. H. & M. Parcel Room, Inc.

Opinion of the Court

Memoeabdum Per Curiam.

The defendant’s liability under the contract is limited to the sum of $25; it is adequately shown *479by the evidence that this limitation was sufficiently brought to plaintiffs’ attention and constituted a contract between the parties.

The judgment should, be modified by reducing plaintiffs’ recovery to the sum of $25, with costs, and as modified affirmed, with $25 costs to appellant to be set off against plaintiffs’ judgment.

Hammer, Shientag and Eder, JJ., concur.

Judgment accordingly.

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