Jaffe v. British Overseas Airways Corp.

Appellate Division of the Supreme Court of New York

Jaffe v. British Overseas Airways Corp.

34 A.D.2d 527, 309 N.Y.S.2d 58, 1970 N.Y. App. Div. LEXIS 5304

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 17, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 527 (Jaffe v. British Overseas Airways Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jaffe v. British Overseas Airways Corp., 34 A.D.2d 527, 309 N.Y.S.2d 58, 1970 N.Y. App. Div. LEXIS 5304 (N.Y. Ct. App. 1970).

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Opinion

Determination of Appellate Term, dated February 18, 1969, reversing judgment of Civil Court dismissing the complaint, unanimously reversed on the law, with $50 costs and disbursements to appellant, and judgment of Civil Court reinstated. There being no provision in the Warsaw Convention (49 U. 'S. Stat. 3000, et seq.) that forbids or excuses the application of a two-year period of limitation (art. 29, suhd. [1]), the limitation applies and the complaint must be dismissed. (Bergman v. Pan American Airways, 32 A D 2d 95.) We further advert attention to CPLR 5703 and to the requirement that a stipulation for judgment absolute be filed in an appeal by permission of the Appellate Term, from the Appellate Term to the Appellate Division. Failure to so file has been held to be ground sufficient for dismissal of the appeal. (Terminate» V. Feit, 29 A D 2d 651.) And it has been further held dismissal is required even though the question was not raised by counsel. (City of Buffalo v. Stevenson, 207 N. Y. 258, 264.) Concur — Stevens, P. J., McGivern, Markewich and Steuer, JJ.

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Determination of Appellate Term, dated February 18, 1969, reversing judgment of Civil Court dismissing the complaint, unanimously reversed on the law, with $50 costs and disbursements to appellant, and judgment of Civil Court reinstated. There being no provision in the Warsaw Convention (49 U. 'S. Stat. 3000, et seq.) that forbids or excuses the application of a two-year period of limitation (art. 29, suhd. [1]), the limitation applies and the complaint must be dismissed. (Bergman v. Pan American Airways, 32 A D 2d 95.) We further advert attention to CPLR 5703 and to the requirement that a stipulation for judgment absolute be filed in an appeal by permission of the Appellate Term, from the Appellate Term to the Appellate Division. Failure to so file has been held to be ground sufficient for dismissal of the appeal. (Terminate» V. Feit, 29 A D 2d 651.) And it has been further held dismissal is required even though the question was not raised by counsel. (City of Buffalo v. Stevenson, 207 N. Y. 258, 264.) Concur — Stevens, P. J., McGivern, Markewich and Steuer, JJ.

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Bluebook (online)

34 A.D.2d 527, 309 N.Y.S.2d 58, 1970 N.Y. App. Div. LEXIS 5304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffe-v-british-overseas-airways-corp-nyappdiv-1970.

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