RULLMAN v. PAN AM. WORLD AIRWAYS, INC.


84 A.D.2d 517 (1981)

Josephine Rullman et al., Appellants, v. Pan American World Airways, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 20, 1981


While Special Term properly permitted defendant to amend its amended answer to assert the affirmative defense that the action was barred by the two-year Statute of Limitations contained in the Warsaw Convention, we view the gravamen of the complaint as not embraceable within article 19 of the convention (49 US Stat 3019). The record does not permit a reasoned determination as to whether the plaintiffs' causes of action are otherwise within the ambit of the Warsaw Convention...

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