Cohen v. Varig Airlines

88 Misc. 2d 998, 390 N.Y.S.2d 515, 1976 N.Y. Misc. LEXIS 2791
Appellate Terms of the Supreme Court of New York·Decided November 26, 1976·Published·Cited by 6 cases

Opinions

Per Curiam.

Judgment entered December 15, 1975 modified by decreasing the total recovery to the sum of $700, with interest and costs; as modified, affirmed, without costs.

There was insufficient evidence in the record to support the trial court’s finding that the act of defendant in refusing to unload all luggage from its plane in Rio de Janeiro constituted "wilful misconduct” within the purview of subdivision (1) of article 25 of the Warsaw Convention (49 US Stat 3020; Grey v American Airlines, 227 F2d 282).

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Cohen v. Varig Airlines, 88 Misc. 2d 998, 390 N.Y.S.2d 515, 1976 N.Y. Misc. LEXIS 2791 (N.Y. Ct. App. 1976).

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