Mr and mrs penchas checked out of a hotel and were


Question: Mr. and Mrs. Penchas checked out of a hotel and were proceeding to enter a taxi parked in the hotel's U-shaped driveway in front of the hotel when a tote bag belonging to Mrs. Penchas that contained valuable jewelry was stolen from the backseat of the taxi. The hotel claimed that under no circumstances could it be held liable unless the theft had taken place within the confines of the hotel. Is this defense a good one? (Penchas v. Hilton Hotels Corp., N.Y. 155 Misc.2d 867)

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