Adesina v. Swissair

Appellate Terms of the Supreme Court of New York

Adesina v. Swissair

143 Misc. 2d 406, 544 N.Y.S.2d 409, 1988 N.Y. Misc. LEXIS 860

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1988

StatusPublished

Cited by1 cases

This text of 143 Misc. 2d 406 (Adesina v. Swissair) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adesina v. Swissair, 143 Misc. 2d 406, 544 N.Y.S.2d 409, 1988 N.Y. Misc. LEXIS 860 (N.Y. Ct. App. 1988).

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Opinion

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed, without costs, and action dismissed.

Plaintiffs claim for damages resulting from the loss of baggage during an international flight was covered by article 28 (1) of the Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Transportation by Air [49 US Stat 3000, TS No. 876, reprinted following 49 [407]*407USCA § 1502]). Inasmuch as defendant is domiciled and has its principal place of business in Switzerland, and the place where the contract was made as well as the ultimate destination was Nigeria, the Civil Court lacked subject matter jurisdiction (see, Adesina v Swissair, 648 F Supp 997).

Kassoff, P. J., Pizzuto and Williams, JJ.

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OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed, without costs, and action dismissed.

Plaintiffs claim for damages resulting from the loss of baggage during an international flight was covered by article 28 (1) of the Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Transportation by Air [49 US Stat 3000, TS No. 876, reprinted following 49 [407]*407USCA § 1502]). Inasmuch as defendant is domiciled and has its principal place of business in Switzerland, and the place where the contract was made as well as the ultimate destination was Nigeria, the Civil Court lacked subject matter jurisdiction (see, Adesina v Swissair, 648 F Supp 997).

Kassoff, P. J., Pizzuto and Williams, JJ.

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Bluebook (online)

143 Misc. 2d 406, 544 N.Y.S.2d 409, 1988 N.Y. Misc. LEXIS 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adesina-v-swissair-nyappterm-1988.

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