Legal Opinion
Pan American World Airways, Inc. v. Overseas Raleigh Manufacturing, Ltd.
New York Court of Appeals
Decided November 18, 1980PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
On cross appeals, the resettled order of the Appellate Division should be modified to dismiss the defendant’s second and third counterclaims in their entirety and to vacate the stay of the execution of the judgment granted to the plaintiff, and it is otherwise affirmed, with costs to the plaintiff. Accordingly, the question certified is answered in the negative.
The second counterclaim, for breach of contract, alleges the defendant shipper was damaged by plaintiff carrier’s breach of an agreement to transport the goods on one aircraft and on one waybill and to…
2Cases cited2 opinions
- Tishman & Lipp, Inc. v. Delta AirlinesDistrict Court, S.D. New York · 1967
- Crosby & Co. v. Compagnie Nationale Air FranceNew York Supreme Court · 1973
3Cited by2 opinions
- Little Princess Truck Rentals, Inc. v. Pergament Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- West Farms Estate Co. v. Consolidated Edison Co. of N. Y., Inc.New York Court of Appeals · 1981