Legal Question in Business Law in New York

A guest at my restaurant is claiming that his wallet was stolen out of his coat pocket while his coat was in the coat check room. Our claim tickets state the following: "Not responsible for contents of garments or anything left overnight". The guest wants us to pay $200 according to Section 201. Since we state we are not responsible and I have no idea that he actually checked a wallet are we liable? Thank you


Asked on 12/23/11, 4:01 pm

1 Answer from Attorneys

In general, under New York's General Business Law Section 201, the liability of an establishment for items left in the coat checkroom are limited to $200 or less if the checkroom is staffed by an attendant, charges no fee and give out a coatroom ticket to its patrons upon delivery of their clothing items. Furthermore, any liability you may have may be mitigated by the fact that your ticket has a disclaimer and whether a disclaimer sign is also posted in a conspicuous place.

Therefore, the guest's assertion that he/she is owned $200 because of GBL 201 is incorrect in that the maximum liability incurred by you may be $200. The amount would depend on the content of the wallet.

You may find that your business insurance covers such claims. If it does, ask the patron to file a police report and list the contents of the wallet for submission to your insurance company. In the alternative, the guest would have to take you to small claims court to prove damages in order to recover the allege loss.

If you have any further questions in this or other matters related to your business feel free to contact my office at your earliest convenience.

Happy Holidays,

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Answered on 12/24/11, 9:52 pm


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