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BORYK v. ARGENTINAS

No. 62 Civ. 3855.

332 F.Supp. 405 (1971)

Helen BORYK et al., Plaintiffs, v. Aerolineas ARGENTINAS et al., Defendants.

United States District Court, S. D. New York.

March 25, 1971.

Attorney(s) appearing for the Case

Speiser, Shumate, Geoghan, Krause & Rheingold, New York City, for plaintiffs; Edward M. O'Brien, New York City, of counsel.

Walsh & Levine, New York City, for defendant Aerolineas Argentinas; Jay Levine, New York City, of counsel.

OPINION

COOPER, District Judge.

Plaintiffs' motion, pursuant to Rule 56, F.R.Civ.P., to dismiss the third and fourth affirmative defenses interposed and enter partial summary judgment on the issue of liability must be denied.1

The relevant inquiry in determining defendant's eligibility to assert Articles 20, 21 and 22 of the Convention for the Unification of Certain Rules Relating to International Transportation by Air...

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