Legal Opinion

American Banana Co. v. Venezolana Internacional De Aviacion S. A.

Appellate Division of the Supreme Court of the State of New York

Decided January 4, 1979PublishedCited by 11 opinions

1Opinion of the Court

— Order, Supreme Court, New York County, entered July 26, 1978, granting summary judgment to defendant dismissing the complaint, reversed, on the law, with $75 costs and disbursements of this appeal payable to appellant, and defendant’s *614motion for summary judgment denied. It is conceded in this record that plaintiff, the consignee named in the air waybill on this international flight governed by the terms of the Warsaw Convention, had canceled its order for the goods being transported three days before the flight, because the carrier could not make timely delivery. The goods were delivered to…

2Cases cited4 opinions

  1. Titus v. WallickSupreme Court of the United States · 1939
  2. Hill v. Satra Corp.Appellate Division of the Supreme Court of the State of New York · 1978
  3. Schuttinger v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1931
  4. Park Place Cleaners v. EssigAppellate Division of the Supreme Court of the State of New York · 1963

3Cited by11 opinions

  1. Johnson v. American Airlines, Inc.Court of Appeals for the Ninth Circuit · 1987
  2. Tawil v. Finkelstein Bruckman Wohl Most & RothmanAppellate Division of the Supreme Court of the State of New York · 1996
  3. Abu Dhabi Commercial Bank v. Morgan Stanley & Co.District Court, S.D. New York · 2012
  4. Abu Dhabi Commercial Bank v. Morgan Stanley & Co.District Court, S.D. New York · 2012
  5. RCR Services Inc. v. Herbil Holding Co.Appellate Division of the Supreme Court of the State of New York · 1996

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