Legal Opinion
Kodak v. American Airlines
Appellate Terms of the Supreme Court of New York
Decided September 20, 2005PublishedCited by 3 opinions
1Opinion of the Court
*108OPINION OF THE COURT
Memorandum.
Judgment unanimously reversed without costs and matter remanded to the court below for a new trial limited to the issue of plaintiffs’ damages.
In this small claims action, plaintiffs’ claim for damages resulting from the defendant’s failure to deliver two pieces of luggage on an international flight is governed by the Convention for the Unification of Certain Rules Relating to International Transportation by Air (49 US Stat 3000, reprinted following 49 USCA § 40105 [Warsaw Convention]). The Warsaw Convention applies rather than the subsequent treaty commonly…
2Cases cited7 opinions
- Chan v. Korean Air Lines, Ltd.Supreme Court of the United States · 1989
- Trans World Airlines, Inc. v. Franklin Mint Corp.Supreme Court of the United States · 1984
- Gary Ehrlich and Maryanne Ehrlich v. American Airlines, Inc., American Eagle Airlines, Inc. And Simmons Airlines, Inc.Court of Appeals for the Second Circuit · 2004
- Manion v. Pan American World Airways, Inc.New York Court of Appeals · 1982
- Salis v. Ghana AirwaysAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by3 opinions
- Facey v. JohnsonCivil Court of the City of New York · 2015
- Contreras v. Parkash 1530 LLCAppellate Terms of the Supreme Court of New York · 2018
- Dixon v. Public Stor.Appellate Terms of the Supreme Court of New York · 2019