Lubell v. Samson Moving & Storage, Inc.

Order, Supreme Court, New York County (Walter Tolub, J.), entered April 17, 2001, which denied defendant’s motion for summary judgment, unanimously reversed, on the law, with costs, to the extent that plaintiff’s damages are limited as set forth in the limited liability provision of the parties’ storage contract.

It is settled that a warehouse, like a common carrier, “may limit its liability for loss of or damage to stored goods even if the injury or loss is the result of the warehouse’s negligence, so long as it provides the bailor with an opportunity to increase that potential liability by…