Varkonyi v. S. A. Empresa De Viacao Airea Rio Grandense

Keating, J. (concurring in part and dissenting in part).

I agree with the majority that a reversal is required here. I would, however, reinstate the order of Special Term rather than remand the case to the Appellate Division. Since I believe that the majority opinion does not adequately deal with the important questions presented by this case and since I cannot *339agree with the disposition, I take the liberty of setting forth my views at length.

On November 27, 1962 a Boeing 707 jet airliner en route from Bio de Janerio, Brazil, to Los Angeles, California, crashed while attempting to land for a…