Downstate Medical Center v. Purolator Courier Corp.

OPINION OF THE COURT

Harry Michelson, J.

This case presents an issue of apparent first impression. To what extent does the Uniform Commercial Code permit a *715carrier to limit its own liability for reckless and/or grossly negligent conduct by inserting an exculpatory or liability limitation clause in the bill of lading? The issue arises by way of defendant’s motion pursuant to CPLR 3212 for summary judgment dismissing the plaintiff’s complaint on the ground of accord and satisfaction, or, in the alternative: (a) for partial summary judgment dismissing the negligence claim in the first cause of…