Dinsfriend v. Fine Arts Express, Inc.

This is an appeal by the plaintiff from the allowance of defendant’s motion for summary judgment. We affirm the decision of the motion judge.

Plaintiff Alan Dinsfriend, (“Dinsfriend”), a dealer in art, brought this action against the defendant, Fine Arts Express, Inc., (“FAE”), a common motor carrier, to recover the full value of two objets d’art (sculptures) damaged while in interstate transportation. Dinsfriend contracted with FAE to ship the artwork on two different occasions: first in November, 1993, and again in December, 1993. Unfortunately, the sculptures were damaged on both occasions.

A…