Kahn v. Trans World Airlines, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
opinion of the court
Gulotta, J.
The question posed is whether the two-year time limitation contained in article 29 of the Warsaw Convention (Convention)1 is a condition precedent absolutely barring any claims which have not been brought within two years after accrual, or whether it constitutes a Statute of Limitations subject to the infancy tolling provisions of CPLR 208. We hold that the two-year time limitation is a condition precedent to suit, and that it cannot, therefore, be affected by the infancy tolling provisions of the CPLR.
On September 6, 1970 plaintiff Tova Kahn and her infant…
2Cases cited28 opinions
- Maximov v. United StatesSupreme Court of the United States · 1963
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Hill v. Board of SupervisorsNew York Court of Appeals · 1890
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
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3Cited by32 opinions
- Cheswold Volunteer Fire Co. v. Lambertson Construction Co.Supreme Court of Delaware · 1985
- Penina Fishman, an Infant by Her Mother and Natural Guardian, Michelle Fishman Michelle Fishman, Individually v. Delta Air Lines, Inc.Court of Appeals for the Second Circuit · 1998
- Narayanan Ex Rel. Narayanan v. British AirwaysCourt of Appeals for the Ninth Circuit · 2014
- Magnus Electronics, Inc. v. Royal Bank of CanadaDistrict Court, N.D. Illinois · 1985
- Seguritan v. Northwest Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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