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KAHN v. TRANS WORLD AIRLINES

82 A.D.2d 696 (1981)

Tova Kahn et al., Respondents-Appellants, v. Trans World Airlines, Inc., Appellant-Respondent

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

October 5, 1981

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle (John N. Romans of counsel), for appellant-respondent.

Berlack, Israels & Liberman (Rosalind Fuchsberg Kaufman of counsel), for respondents-appellants.

DAMIANI, J. P., O'CONNOR and THOMPSON, JJ., concur.

GULOTTA, J.

The question posed is whether the two-year time limitation contained in article 29 of the Warsaw Convention (Convention)1 is a condition precedent absolutely barring any claims which have not been brought within two years after accrual, or whether it constitutes a Statute of Limitations subject to the infancy tolling provisions of CPLR 208. We hold that the two-year time limitation is a condition precedent to suit...

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