Julius Young Jewelry Manufacturing Co. v. Delta Air Lines

OPINION OF THE COURT

Kupferman, J. P.

This is an appeal from a partial summary judgment for defendants Allied Aviation Service Company, Inc., Allied Aviation Service Company of New York, Inc., and Allied Maintenance Corp. (hereinafter collectively referred to as defendant "Allied”), limiting plaintiffs’ ad damnum clause to $1,338 thereby reducing the potential recovery from the $55,000 claimed as damages, on the ground that the liability limitations of the Warsaw Convention1 ("the Convention”, 49 US Stat, 3000, TS 876, US Code, tit 49, § 1502) entitle defendants to that relief.

We are not asked…