Solomon v. National Movers Co.

OPINION OF THE COURT

Edward H. Lehner, J.

Before the court is a motion by defendant Bekins Van Lines, Inc. (Bekins) for dismissal of the complaint, pursuant to CPLR 3211 (a) (1) and (7) and 3212 "insofar as it states a cause of action against Bekins in excess of $25,000,” and judgment on its cross claim against codefendant National Movers Co., Inc. (National), and a cross motion by National pursuant to CPLR 3211 (a) (1) and (7) dismissing the complaint "to the extent that damages are demanded in excess of $25,000”.

The plaintiff and Bekins entered into a written contract whereby Bekins would…