| Nunez v American Airlines |
| 2007 NY Slip Op 50116(U) [14 Misc 3d 133(A)] |
| Decided on January 26, 2007 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 20, 2007; it will not be published in the printed Official Reports. |
Plaintiffs appeal from so much of a judgment of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered April 25, 2006, after a nonjury trial, as limited their recovery of damages to the principal sum of $2,990.
PER CURIAM
Judgment (Francis M. Alessandro, J.), entered April 25, 2006, insofar as appealed from, affirmed, without costs.
Defendant's liability for the loss of plaintiffs' luggage was properly limited in accordance with the provisions of Article 22(2) of the Montreal Convention (see Convention for the
Unification of Certain Rules For International Carriage by Air, May 28, 1999, S. Treaty Doc. 106-45), an international treaty which preempts all state law claims within its scope (see Paradis v Ghana Airways Ltd., 348 F Supp 2d 106,111 [SD NY 2004], affd 194 Fed Appx 5 [2d Cir 2006]). In the absence of a formal cross appeal by defendant, we have no occasion to consider its arguments relating to the propriety of the damage award.
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: January 26, 2007