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Jones v. Greyhound Express Port Authority

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2019 WL 2148470
Unreported Disposition
NOTE: THIS OPINION WILL NOT APPEAR IN A PRINTED VOLUME. THE DISPOSITION WILL APPEAR IN THE REPORTER.
Supreme Court, Appellate Term, New York,
FIRST DEPARTMENT.
Joseph C. JONES, Plaintiff-Respondent,
v.
GREYHOUND EXPRESS PORT AUTHORITY, Defendant-Appellant.
570036/19
|
Decided May 17, 2019
Defendant appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York (Debra R. Samuels, J.), entered August 21, 2018, after trial, in favor of plaintiff and awarding him damages in the principal sum of $ 2,500.
PRESENT: Shulman, P.J, Gonzalez, Edmead, JJ.
Opinion

Per Curiam.

*1 Judgment (Debra R. Samuels, J.), entered August 21, 2018, affirmed, without costs.

Applying the narrow review standard in this small claims action (see CCA 1807), and giving due deference to the trial court’s findings of fact and credibility determinations (see Williams v. Roper, 269 AD2d 125, 126 [2000], lv dismissed 95 NY2d 898 [2000]), we sustain the judgment awarding plaintiff the reasonable value of his property that was lost by defendant, an interstate common carrier. The evidence, fairly interpreted, supports the finding that defendant failed to adduce evidence establishing that it limited its liability to $ 1,000 under the Carmack Amendment “by written declaration of the shipper or by a written agreement between the shipper and the carrier” (see 49 USC § 11706[c][3] ).

All Citations
Slip Copy, 2019 WL 2148470 (Table), 2019 N.Y. Slip Op. 50769(U)

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