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Sethy v. Malev-Hungarian Airlines, Inc.

Citation: 13 F. App'x 18Docket: No. 00-9325

Court: Court of Appeals for the Second Circuit; June 12, 2001; Federal Appellate Court

Narrative Opinion Summary

The judgment of the District Court for the Southern District of New York is affirmed in favor of Malev-Hungarian Airlines. Erno Sethy, representing himself, appealed against a summary judgment granted to the airline on September 5, 2000, in case Sethy v. Malev-Hungarian Airlines, Inc. The District Court determined that Sethy’s claim did not qualify as an “accident” under Article 17 of the Warsaw Convention, which governs international air transportation. After reviewing all claims presented by Sethy on appeal, the court found them to lack merit. The affirmation of the District Court's judgment is based on the rationale provided by Judge Schwartz in his prior opinion dated August 31, 2000.

Legal Issues Addressed

Appellate Review of District Court Decisions

Application: The appellate court affirmed the District Court's judgment, finding that all claims presented by the appellant on appeal were without merit.

Reasoning: After reviewing all claims presented by Sethy on appeal, the court found them to lack merit.

Definition of Accident under Article 17 of the Warsaw Convention

Application: The court determined that the plaintiff's claim did not fall within the definition of an 'accident' as specified under Article 17 of the Warsaw Convention.

Reasoning: The District Court determined that Sethy’s claim did not qualify as an 'accident' under Article 17 of the Warsaw Convention, which governs international air transportation.

Summary Judgment Standards in Federal Court

Application: The District Court granted summary judgment to the airline, indicating that the plaintiff failed to present a genuine issue of material fact for trial.

Reasoning: Erno Sethy, representing himself, appealed against a summary judgment granted to the airline on September 5, 2000, in case Sethy v. Malev-Hungarian Airlines, Inc.