Flum v. Goldman Band Concerts, Inc.

OPINION OF THE COURT

David B. Saxe, J.

This is an action for loss of musical instruments predicated on theories of negligence and breach of bailment contracts against each of the two named defendants. The defendants each claim freedom from liability and assert cross claims against one another in the event liability is found to exist.

Because plaintiff sought less than $6,000 in money damages, the action was first submitted to compulsory arbitration in accordance with 22 NYCRR 28.2. The arbitrators found in the plaintiff’s favor, in the amount of $1,500 to be divided equally between the two…