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RICOTTA v. IBERIA LINEAS AEREAS DE ESPANA

No. 79 C 1928.

482 F.Supp. 497 (1979)

Josephine RICOTTA, Plaintiff, v. IBERIA LINEAS AEREAS DE ESPANA, Defendant.

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

November 30, 1979.

Attorney(s) appearing for the Case

Anthony J. Crecca and Myron G. Lasser, Staten Island, N. Y., for plaintiff Ricotta.

Aereas De Espana, Condon & Forsyth by Michael J. Holland, George N. Tompkins, Jr., New York City, for defendant Iberia Lineas.

MEMORANDUM OF DECISION AND ORDER

COSTANTINO, District Judge.

Defendant, Iberia Lineas Aereas De Espana ("Iberia"), moves for summary judgment on the ground that the action is time barred by Article 29 of the Warsaw Convention ("Convention"). The issue presented to the court is whether the accident occurred while plaintiff was "disembarking" within the meaning of Article 17 of the Convention. If plaintiff was injured during the course of operations of disembarking...

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