After SLG took his coat to P* Cleaners for dry cleaning, the item was lost. He subsequently filed a small claims case against the company, seeking $1,000 in compensation
During the trial, SLG described the coat in detail, including its brand, size, color, original cost, and when he bought it. And while the cleaners admitted they were responsible for losing the coat, they argued that their liability was limited to $49.90, based on a notice printed on the back of the dry-cleaning ticket and posted in their store.
Ultimately, the Nassau County District Court sided with SLG and awarded him $1,000. But, on appeal, the Appellate Term, Second Department, thought reversible error had been committed by the trial judge.
In addition to the cleaners failing to prove that SLG was aware of, or agreed to, the limitation of liability notice, the AT2 noted that SLG hadn’t provided enough information about the coat's style and condition at the time it was lost to justify the $1,000 award.
As a result, the appellate court reversed the underlying determination and ordered a new trial -- meaning that SLG will have another chance to present evidence about the coat's value, and the cleaners will have another opportunity to argue their liability limit.
There clearly was no taking them to the cleaners.
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DECISION