Sanchez v. Beacon Shipping Co.

Order, Supreme Court, New York County, entered November 30, 1979, denying defendant Iberia’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, with costs and disbursements, and the motion granted. The action against Iberia, the air carrier, was time barred as a matter of law by the two-year limitation contained in article 29 of the Warsaw Convention. (US Code, tit 49, §1502.) Plaintiff’s action against Iberia is also barred by his failure to file a written notice of claim within 120 days from the date of issuance of the waybill, pursuant to Iberia’s…