Kitz Corp. v. Transcon Shipping Specialists, Inc.

221 A.D.2d 261, 634 N.Y.S.2d 75, 1995 N.Y. App. Div. LEXIS 12173

Opinion

—Order, Supreme Court, Bronx County (Bertram Katz, J.) entered July 27, 1994, which, to the extent appealed from, denied third-party defendant-appellant J&J Air Freight Trucking Co.’s motion for partial summary judgment declaring that its liability, if any, is contractually limited to $50, unanimously affirmed, without costs.

A party that is a stranger to a contract of carriage is not bound by limitations of liability in that contract (cf., AbdulHaq v Pakistan Inti. Airlines, 101 Misc 2d 213, 214). No party had authority as an agent or otherwise to bind defendant to a limitation of J&J’s liability. Nor is there evidence of any prior dealing between J&J and defendant and third-party plaintiff. Accordingly, summary judgment was properly denied to J&J. Concur—Rosenberger, J. P., Rubin, Kupferman, Asch and Mazzarelli, JJ.