N.Y. Transportation Law § 181: Liability for damage to property in transit

§ 181. Liability for damage to property in transit. Every common

carrier of property by motor vehicle shall, upon demand, issue either a

receipt or a bill of lading for all property delivered to it for

transportation. No contract, stipulation or clause in any receipt or

bill of lading shall exempt any common carrier of property by motor

vehicle from any liability for loss, damage or injury caused by it to

property from the time of its delivery for transportation until the same

shall have been received at its destination and a reasonable time shall

have elapsed after notice to the consignee of such arrival to permit the

removal of such property and inspection; provided, however, that when

expressly authorized or required by order of the commissioner a carrier

may establish and maintain rates dependent upon the value declared in

writing by the shipper or agreed upon in writing as the released value

of the property, in which case such declaration or agreement shall have

no other effect than to limit liability and recovery to an amount not

exceeding the value so declared or released and shall not, so far as

relates to values, be held to violate this article. Every common carrier

of property by motor vehicle shall be liable for all loss, damage or

injury to property caused by delay in transit due to negligence while

the same is being carried by it, but in any action to recover for

damages sustained by delay in transit the burden of proof shall be upon

the defendant to show that such delay was not due to negligence. Nothing

in this section shall deprive any holder of such receipt or bill of

lading of any remedy or right of action which such holder has under

existing law.