ALLTRANSP. v. SEABOARD AIRLINES


76 Misc.2d 308 (1973)

Alltransport, Inc., et al., Plaintiffs, v. Seaboard World Airlines, Defendant.

Civil Court of the City of New York, New York County.

November 1, 1973


Attorney(s) appearing for the Case

Donovan, Donovan, Maloof & Walsh (Vincent D. Farrell of counsel), for plaintiffs. Ernest L. Garb and Daniel L. Bernstone for defendant.


BURTON S. SHERMAN, J.

The plaintiffs move for summary judgment pursuant to CPLR 3212 to strike the second affirmative defense of Statute of Limitations in an action for damages allegedly caused by the defendant air line to a shipment of machinery which had been transported from England to New York.

The affirmative defense alleges a two-year Statute of Limitations provided in paragraph (1) of article 29 of the Warsaw Convention Treaty (49 U. S...

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