Weir v Storage USA-537

[*1] Weir v Storage USA-537 2004 NY Slip Op 50227(U) Decided on March 31, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 31, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:ARONIN, J.P., GOLIA and RIOS, JJ.
NO. 2003-664 K C

TANYA WEIR, Appellant,

against

STORAGE USA-537, Respondent.

Appeal by plaintiff from so much of an order of the Civil Court, Kings County (A. Fisher Rubin, J.), entered March 17, 2003, as granted defendant's cross motion for partial summary judgment.

Order insofar as appealed from unanimously reversed without costs and defendant's cross motion for partial summary judgment denied.

In this action to recover $25,000 from defendant, a self-storage facility, after the facility failed to return property which plaintiff had stored with it, defendant sought to limit its liability to $5,000, in accordance with the terms of the lease agreement.

Although the lease agreement provided that the tenant would maintain insurance if the total value of the stored property was in excess of $5,000, there was no provision in the agreement that defendant's liability was limited to that amount. In order for a provision limiting liability to a specific amount to be enforceable, the language of that provision must be clear and unambiguous (see generally Gross v Sweet, 49 NY2d 102 [1979]; Levy v Morgan Bros. Manhattan Stor. Co., 204 AD2d 695 [1994]). Such was not the case here. Furthermore, the provision which purportedly operated to limit defendant's liability did not comply with the terms of Lien Law § 182 (2) (a) (v), the violation of which may entitle the occupant to treble damages.
Decision Date: March 31, 2004