LEATHER'S BEST v. AEROLINEAS


131 Misc.2d 426 (1986)

Leather's Best, Inc., et al., Plaintiffs, v. Aerolineas Argentinas, Defendant and Third-Party Plaintiff. Trans World Airlines, Inc., Third-Party Defendant.

Civil Court of the City of New York, New York County.

March 13, 1986


Attorney(s) appearing for the Case

Walsh & Levine for defendant and third-party plaintiff. MacDonald, Haberman & Fenzel for plaintiff.


RICHARD S. LANE, J.

In this action for breach of contract of carriage by international air, defendant seeks summary judgment dismissing the complaint for failure to file a timely written notice of claim.

The motion poses for decision apparently for the first time the discrete number of packages rule.

The facts are uncontroverted. On or about September 6, 1983 three pallets of semifinished leather hides were shipped on defendant's air waybill...

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