Eliza M. Goncalves, Also Known as Eliza G. M. Salles, Appellant v. Regent International Hotels, Limited, Doing…

Summary

The Court held that a hotel must provide a "safe" as defined by §200 of the General Business Law to obtain the statutory limitation of liability; the safe‑deposit boxes at the Mayfair Regent did not satisfy that requirement, so the limitation did not apply and the hotel was liable beyond $500. The Court also found the safe‑deposit box agreements unenforceable for lack of consideration and public‑policy reasons. The dissent argued that the definition of "safe" is a pure question of law for the court, not a jury issue.