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ADESINA v. SWISSAIR

143 Misc.2d 406 (1988)

Adekumle Adesina, Respondent, v. Swissair, Appellant.

Supreme Court, Appellate Term, Second Department.

June 30, 1988

Attorney(s) appearing for the Case

Condon & Forsyth (Michael J. Holland and George N. Tompkins, III, of counsel), for appellant.

KASSOFF, P. J., PIZZUTO and WILLIAMS, JJ.

MEMORANDUM.

Judgment unanimously reversed, without costs, and action dismissed.

Plaintiff's claim for damages resulting from the loss of baggage during an international flight was covered by article 28 (1) of the Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Transportation by Air [49 US Stat 3000, TS No. 876, reprinted following 49 USCA § 1502]). Inasmuch as defendant...

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