| Steinberg v British Airways, Inc. |
| 2004 NY Slip Op 51423(U) |
| Decided on November 19, 2004 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff, as limited by his brief, appeals from so much of a judgment of the Small Claims Part of the Civil Court, New York County, entered on or about October 25, 2001 after trial (Eileen A. Rakower, J.) as limited his recovery of damages to the principal sum of $400.
PER CURIAM:
Judgment entered on or about October 25, 2001 (Eileen A. Rakower, J.) affirmed, without costs.
On this record, and in view of the plaintiff's failure to demonstrate entitlement to recover any "denied boarding" compensation and his nebulous showing of out-of-pocket expenses attributable to the defendant-airline's alleged fault in refusing him passage on the international flight, we are satisfied that the damage award issued to plaintiff was neither inadequate nor inconsistent with the mandate of "substantial justice" (CCA 1807). In the absence of a cross appeal by defendant, we do not address the propriety of the trial court's (implicit) liability determination.
This constitutes the decision and order of the court.
Decision Date: November 19, 2004