EGAN v. KOLLSMAN INSTRUMENT CORP.


26 A.D.2d 633 (1966)

Elizabeth A. Egan et al., as Administrators of The Estate of Eileen M. Seiter, Deceased, Plaintiffs, v. Kollsman Instrument Corp. et al., Defendants. Elizabeth A. Egan et al., as Administrators of The Estate of Eileen M. Seiter, Deceased, Appellants, v. American Airlines, Inc., Respondent

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

July 5, 1966


Appeal from first order dismissed, without costs; such order was superseded by the second order granting renewal of the motion. Order of September 23, 1965 insofar as appealed from, affirmed, with $10 costs and disbursements.

The defense in question is that plaintiffs' right of recovery is subject to the exemption and monetary liability limitation of the Warsaw Convention. In our opinion, appellants have at best shown that this defense raises an issue of intention...

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