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BERGMAN v. PAN AMER. AIRWAYS

32 A.D.2d 95 (1969)

Charlotte Bergman, Respondent, v. Pan American World Airways, Inc., et al., Appellants

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

May 13, 1969.

Attorney(s) appearing for the Case

Douglas B. Bowring of counsel (James J. Sentner, Jr., with him on the brief; Haight, Gardner, Poor & Havens, attorneys), for appellants.

Robert J. Feldman for respondent.

EAGER, J. P., and McGIVERN, J., concur with STEUER, J.; MARKEWICH, J., dissents in the following memorandum, in which NUNEZ, J., concurs: I dissent and would affirm on the opinion at Appellate Term.

STEUER, J.

Plaintiff suffered injuries while boarding an airplane in Mexico City. It is undisputed that this incident was in the course of an international flight and hence would be subject to the Warsaw Convention (49 U. S. Stat. 3000 et seq.). It is further conceded that this action was instituted more than two years after the happening of the accident and that two years is the period of limitations provided...

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