Maklihon Manufacturing Corp. v. Air-City, Inc.

—Order, Supreme Court, New York County (Joan Lobis, J.), entered December 2, 1994, which, granted defendants’ motions for summary judgment to the extent of limiting their liability to $50, unanimously affirmed, without costs.

The IAS Court correctly held the loss to be subject to a $50 limitation of liability, notwithstanding the absence of contractual documents covering the shipment in question, in view of the ongoing commercial relationship between plaintiff shipper and defendant freight forwarder involving numerous prior transactions, all of which were concededly subject to a $50 *188limitation…