Gold v. Swiss Air Transportation Co.

In a negligence action to recover damages for personal injuries sustained by plaintiff Blanche E. Gold, and by her husband for medical expenses, etc., plaintiffs appeal from an order of the Supreme Court, Nassau County, dated July 18, 1968, which denied their motion to dismiss for insufficiency the first affirmative defense alleged in the answer of defendant Swiss Air Transportation Co., Ltd. Order reversed, on the law, with $20 costs and disbursements; motion granted; and first affirmative defense dismissed. In our opinion the affidavits in opposition to the motion failed to *778set forth…