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  5. 49 N.Y.2d 848 (1980)
 

AM. BANANA CO., INC. v. VENEZOLANA INTERNACIONAL DE AVIACION, S. A.

49 N.Y.2d 848 (1980)

American Banana Company, Inc., Respondent, v. Venezolana Internacional De Aviacion, S. A. (VIASA), Appellant.

Court of Appeals of the State of New York.

Decided March 20, 1980.

Attorney(s) appearing for the Case

Francis A. Montbach and John L. Conners for appellant.

Robert Dembia, John H. McConnell and Stephen A. Agus for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The plaintiff ordered a shipment of 1,500 crates of plantains from the consignor, Veneagro. The shipment was to go from Venezuela to New York on the defendant's airline, Venezolana Internacional De Aviacion, S. A. (VIASA). Due to mechanical difficulties the flight was delayed for several days, during which time the plantains were taken off the plane. The plaintiff notified Veneagro that it did not want the shipment...

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