BISCONE v. JETBLUE AIRWAYS CORP.

2010-11745, 2011-02683.

103 A.D.3d 158 (2012)

957 N.Y.S.2d 361

2012 NY Slip Op 9019

KATHARINE BISCONE, Appellant, v. JETBLUE AIRWAYS CORPORATION, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 26, 2012.


Attorney(s) appearing for the Case

Paul S. Hudson , Valatie, for appellant.

Holland & Knight LLP, New York City ( Christopher G. Kelly , Judith Nemsick and Christine Tramontano of counsel), for respondent.

DILLON, J.P., FLORIO and ROMAN, JJ., concur.


OPINION OF THE COURT

AUSTIN, J.

On this appeal, we address whether intentional tort and fraud claims to recover damages allegedly resulting from the confinement of commercial airline passengers in an airplane remaining on a tarmac outside of a terminal for several hours without affording passengers food, water, clean air, and toilet facilities is preempted by federal law. We also determine whether, in an electronically filed (hereinafter e-filed) action...

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