Lee v. Air Canada et al, No. 1:2014cv10059 - Document 94 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 80 FIRST MOTION for Summary Judgment . filed by Lisa Lee, 73 MOTION for Summary Judgment . filed by Air Canada. Having considered the evidence in this record and drawn all appropriate inferences, the Court finds that Air Canada has shown that as a matter of law it exercised reasonable care under the circumstances and that plaintiff has not produced any evidence to show that there is a genuine issue for trial. (As further set forth in this Order. ) Accordingly, Air Canada's motion for summary judgment is denied to the extent it seeks judgment dismissing the action and is granted to the extent that judgment shall enter limiting Air Canada's liability to 113,100 SDRs pursuant to Arti cle 21 of the Montreal Convention. Lee's motion for summary judgment is granted to the extent it (1) seeks judgment in her favor on liability; (2) seeks to amend the Complaint to assert her claims under the Montreal Convention rather than the Warsaw Convention; and (3) is otherwise denied. (Signed by Judge Sidney H. Stein on 1/10/2017) (cf)