Citations
- 80 F. Supp. 917
Full opinion text
COXE, District Judge.
This is an action to recover the value of a mink coat which was misdelivered. The defendants are the Belplaza Corporation (hereinafter referred to as the “Hotel”), which owned and operated the Belmont Plaza Hotel and the Glass Hat Restaurant in connection therewith, and Richards & Hassen Enterprises, Inc. (hereinafter referred to as the “Concessionaire”), which operated the check room in the restaurant, under a written agreement with the Hotel. The coat was delivered to an imposter without production of -the check therefor.
The Hotel occupied the block front on the easterly side of Lexington Avenue between 49th and 50th Streets in the City of New York, the entrance thereto being on Lexington Avenue near 49th Street. The Glass Hat Restaurant was on the ground floor with an entrance from 50th Street and also one from the hotel lobby. Just inside the latter entrance there was a bar which was partitioned off from the restaurant by a wooden partition about four and one-half feet high.
On October 1, 1945, the Hotel and the Concessionaire entered into a written agreement whereby the Hotel granted, and the Concessionaire hired, for the period of two years, the exclusive privilege of carrying on a checking service for the checking of wearing apparel of guests or others in connection with the public restaurants and private banquet rooms in the Hotel, including the Glass Hat, and whereby the Concessionaire also agreed to hold the Hotel harmless from, and to indemnify it against, all claims of any kind or nature made by any person against the Hotel for loss of any wearing apparel checked with, or left in custody of, the Concessionaire, or its agents or employees. The fact that the Hotel did not operate the check room in the Glass Hat Restaurant was not made known to its patrons and guests.
Shortly before 8:00 p. m. on the evening of February 16, 1946, plaintiff and her husband, accompanied by Mr. and Mrs. Rosenberg, entered the Glass Hat Restaurant through the 50th Street entrance. Plaintiff was wearing a mink coat which she owned. After they had been seated at a table, one “Joe”, a waiter or captain of waiters employed by the Hotel, suggested that they would be more comfortable if they would permit him to check their coats. Plaintiff accordingly handed him1 her mink coat and Mrs. Rosenberg handed him her black Persian Lamb coat. “Joe”' took them to the check room at the 50th Street entrance and delivered them to Jane. Powers, the check room attendant employed there by the Concessionaire. She-gave him check No. 29, covering both coats, which he delivered to plaintiff’s husband. No value was stated at the time of' such delivery of plaintiff’s coat to Jane Powers or upon the check issued by her. There was a label, with the name “Kriegel. Furriers”, on the lining of plaintiff’s coat, and also the intials “C. J. C.” sewed on the lining.
Some little time thereafter a well-dressed man and woman appeared at the checkroom and the man asked Jane Powers for the mink coat that “Joe” had checked, stating that the other couple in his party had the check but that he didn’t want to go back for it. She told him that he would have to identify the coat in some manner, and he told her that the initials inside the coat were “C. J. C.” and that the maker’s-label was “Kriegel”. She thereupon delivered plaintiff’s coat to him without requiring the production or surrender of the ■ check. He was not the agent or designee of plaintiff. Plaintiff has never recovered her coat. The Concessionaire had, prior to ■ this occurrence, given Jane Powers standing instructions that she could deliver checked garments to persons without receiving in exchange the checks issued. therefor, provided that such persons could t identify the garments without question.
The reasonable value of plaintiff’s coat on February 16, 1946, was $4,500.
No payment, charge or fee was exacted by the Concessionaire, or by Jane Powers, for the checking of plaintiff’s coat, but it is a generally recognized custom in New York City for persons using such check room facilities to give a “tip” to the check room attendant. Jane Powers did not receive any part of these tips; she was paid a straight salary of $35 per week. It is conceded that the check room was operated by the Concessionaire for profit.
Two signs containing printed copies of Sections 200, 201, 203-a, 203-