Legal Opinion

Rappaport v. Phil Gottlieb-Sattler, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1952PublishedCited by 18 opinions

1Opinion of the CourtPeck, P. J.

While there are differences between the fur storage agreements in this case and in Howard v. Handler Bros. & Winell (279 App. Div. 72, affd. 303 N. Y. 990) and all that was said in that case is not applicable to this case, the underlying facts and considerations are the same, namely, an unexplained loss of plaintiff’s valuable fur coat while under bailment with defendant furrier and a defense based solely upon an attempted limitation of liability amounting to a virtual exculpation from responsibility contained in the fur storage agreement.

The purported valuation of plaintiff’s coat at $100…

2Cases cited3 opinions

  1. D'Utassy v. . BarrettNew York Court of Appeals · 1916
  2. Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
  3. Howard v. Handler Bros. & Winell, Inc.New York Court of Appeals · 1952

3Cited by18 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
  3. Colton v. New York HospitalNew York Supreme Court · 1979
  4. Lerner v. BrettschneiderCourt of Appeals of Arizona · 1979
  5. Abramowitz v. New York University Dental CenterAppellate Division of the Supreme Court of the State of New York · 1985

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