ADVANCE v. AIR JAMAICA


124 Misc.2d 6 (1984)

Advance Footwear Co., Inc., Plaintiff, v. Air Jamaica, Ltd., et al., Defendants.

Supreme Court, New York County.

April 30, 1984


Attorney(s) appearing for the Case

Vincent, Berg, Russo, Marcigliano & Zawacki (Harry A. Gavalas of counsel), for Air Jamaica, Ltd., defendant. Condon & Forsyth (Stephen J. Fearon of counsel), for British Airways, defendant. Koschak & De Sena (Ralph De Sena of counsel), for plaintiff.


FELICE K. SHEA, J.

The question presented by defendants' motion to dismiss is whether a summons with notice, served without a complaint, is sufficient to give this court personal jurisdiction over foreign airlines engaged in international transportation. The answer requires a reconciliation of the provisions of State law, Federal law and an international treaty.

Plaintiff is suing for the value of 113 cartons of footware shipped C.O.D. from New...

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