Mallemat v Qatar Airways

[*1] Mallemat v Qatar Airways 2009 NY Slip Op 50125(U) [22 Misc 3d 130(A)] Decided on January 28, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 28, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570547/08.

Adel A. Mallemat, Plaintiff-Appellant,

against

Qatar Airways, Defendant-Respondent.

Plaintiff, as limited by his brief, appeals from so much of a judgment of the Civil Court of the City of New York, New York County (Matthew F. Cooper, J.), entered May 29, 2008, after a nonjury trial, as limited his recovery of damages to the principal sum of $1,623.

Per Curiam.

Judgment (Matthew F. Cooper, J.), entered May 29, 2008, insofar as appealed from, affirmed, without costs.

The trial court properly limited the defendant-airline's liability for the loss of plaintiff's baggage in accordance with the governing treaty provisions (see Convention for International Carriage by Air art 22[5], May 28, 1999, reprinted in S Treaty Doc No. 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [Montreal Convention]), in the absence of the requisite showing by plaintiff that the loss was the result of any act or omission by defendant's agents or employees "done with intent to cause damage or recklessly and with knowledge that damage would probably result" (Montreal Convention, article 22[5]). THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
Decision Date: January 28, 2009