COHEN v. VARIG AIRLINES


88 Misc.2d 998 (1976)

Charles H. Cohen et al., Respondents, v. Varig Airlines, S. A. Empresa De Viacao Aerea Rio Grandense, Appellant.

Supreme Court, Appellate Term, First Department.

November 26, 1976


Attorney(s) appearing for the Case

Hale Russell Gray Seaman & Birkett (Stephen C. Pascal of counsel), for appellant. Gruber & Gruber, P. C. (Irving M. Gruber of counsel), for respondents.

Concur — DUDLEY, P. J., and TIERNEY, J.; RICCOBONO, J., dissents in a memorandum.


Per Curiam.

Judgment entered December 15, 1975 modified by decreasing the total recovery to the sum of $700, with interest and costs; as modified, affirmed, without costs.

There was insufficient evidence in the record to support the trial court's finding that the act of defendant in refusing to unload all luggage from its plane in Rio de Janeiro constituted "wilful misconduct" within the purview of subdivision (1) of article 25 of the Warsaw Convention...

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