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Atlantic Aviation Corp. v. Port of New York Authority

Decided: February 16, 1961.

ATLANTIC AVIATION CORPORATION, A CORPORATION OF THE STATE OF DELAWARE, PLAINTIFF,
v.
PORT OF NEW YORK AUTHORITY, CAPITAL AIRLINES, INC., AND K. E. RAPP, DEFENDANTS



Colie, J.s.c.

Colie

[66 NJSuper Page 16] This matter is before me on motion to dismiss the complaint as to defendant Port of New York Authority, on the theory that this court lacks jurisdiction over the Port of New York Authority by reason of the plaintiff's alleged failure to comply with the New Jersey statute, N.J.S.A. 32:1-163 and 164, with regard to notice of plaintiff's claim for money damages.

On November 25, 1959 plaintiff owned a plane which was damaged at Newark Airport. Plaintiff alleges that the Port Authority negligently directed and controlled the movement of the airplane of the defendant, Capital Airlines, and the defendant-pilot thereof, K. E. Rapp, so as to cause the injury complained of. The plaintiff's carrier, as subrogee, seeks in this action to recover the loss.

On January 12, 1960 the subrogee, by Mr. Charles V. Flanagan, sent the following letter:

"January 12th, 1960

Mr. William F. Gillespie

The Port of New York Authority

111 Eighth Avenue at 15th Street

New York, 11, New York

Re: Atlantic Aviation Corp.

Beechcraft Bonanza J-35

N-257AA

Accident: 11-25-59

Reference: H-15561

Dear Mr. Gillespie:

On November 25th, 1959 Beechcraft Bonanza, J-35, N-257AA owned by Atlantic Aviation Corporation was blown over while parked at the Port Authority gate at Newark Airport.

We would appreciate it if you would let us have a copy of your report ...


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