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ECK v. UNITED ARAB AIRLINES

15 N.Y.2d 53 (1964)

Martha Eck, Appellant, v. United Arab Airlines, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Alfred W. Gans, Stuart M. Speiser and Edward M. O'Brien for appellant.

Douglas B. Bowring for respondent.

Judges FULD, VAN VOORHIS and SCILEPPI concur with Judge BURKE; Chief Judge DESMOND concurs in a separate memorandum; Judge BERGAN dissents in an opinion in which Judge DYE concurs.

BURKE, J.

Defendant's motion to dismiss the complaint under article 28 of the Warsaw Convention1 was denied by Special Term. The Appellate Division reversed on the law, holding that New York is not one of the jurisdictions where suit may be brought under the Warsaw Convention and dismissed the suit for lack of jurisdiction.

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