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White v Burlington Coat Factory (2004 NY Slip Op 50459(U))
[*1]


Decided on May 28, 2004
City Court of Mount Vernon

713-04
Ann White Plaintiff Pro Se 465 East Lincoln Avenue, Apt. A-403 Mount Vernon, New York 10552 Stacy John Haigney, Esq. General Attorney Attorney for Defendant
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White v Burlington Coat Factory (2004 NY Slip Op 50459(U))
c/o Burlington Coat Factory 1830 Route 130
Burlington, New Jersey 08016
Adam Seiden, J.
Plaintiff commenced this small claims action against the defendant seeking to recover $1,000.00 (one thousand dollars) for damage to her beaver fur coat while left in the care of the defendant for cold storage and cleaning.
Plaintiff contends that when she initially went to retrieve her fur coat from the defendant store, she noticed that the coat's luster was gone, and that the left sleeve on the coat had a slight rip. Upon pointing this out to a defendant employee, the coat was sent out to a third-party furrier for cleaning and repair. Plaintiff contends that when she went to retrieve her coat a second time, upon examination, she discovered that the left sleeve of the fur coat had been completely ripped and that the coat lacked luster. She now seeks to recover for the full value of the coat.
Defendant argues that plaintiff's amount of recovery is limited, since plaintiff signed an insurance agreement, valued at $100.00, in case of loss of or damage to the coat while left in the defendant's care. Further, defendant contends that the plaintiff was given the option to pay for additional insurance, which she refused.
"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 the potential liability by payment of a higher storage fee'" (Lubell v Samson Moving & Storage, Inc., 290 AD2d 343 (1st Dept. 2002) (citing I.C.C. Metals v Municipal Warehouse Co., 50 NY2d 657, 663; UCC 7-204(2)).
In the instant matter, the storage receipt and agreement contains a handwritten insertion of $100, under the subheading "Depositor's Valuation", which states, "STORAGE CHARGES ARE BASED ON VALUE DECLARED BY YOU. DEPOSITOR'S VALUATION IS TO BE BURLINGTON'S LIMIT OF LIABILITY EVEN IF LESS THAN ACTUAL VALUE." Plaintiff's signature is noted directly beneath this provision of the contract. Further, attached to the receipt is an insurance agreement, which list the "Value Insured" as 100. The Replacement Cost Clause on the back of insurance contract states, "3. The liability of the Insurer shall not exceed the amount actually and necessarily expended by the Customer for the repair or [*2]replacement and shall in no event exceed the amount of insurance stated in the receipt." This agreement also bears the plaintiff's
file:///C|/Users/Peter/Desktop/NY/2/2004_50459.htm[4/21/2013 1:37:00 PM] White v Burlington Coat Factory (2004 NY Slip Op 50459(U))
signature.
The agreement limiting defendant's liability to $100.00 is complete on its face and unambiguous. It is clear that plaintiff agreed to the terms of the contract by executing the document . Further, the testimony and evidence credibly established that the defendant provided the plaintiff with an opportunity to increase the defendant's potential liability beyond $100.00, however, plaintiff declined and paid the correspondingly low storage charge of $21.95 (See Lubell v Samson Moving & Storage, Inc., supra at 344; Eckel v Trencher Furs, Inc. , 191 Misc 14 (Manhattan Municipal Ct 1947)).
Accordingly, finding that the plaintiff's coat was damaged while in the defendant's care, the Court finds that plaintiff is only entitled to recover $100.00, the amount of the defendant's limited liability. To the extent that the defendant has not already rendered payment to plaintiff, the Court directs the defendant to settle this judgment within 20 days of the date of this Order.

This constitutes the Decision and Order of this Court.
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