TRINIDAD & TOBAGO ASSN. v. VISTA SERV.


53 Misc.2d 1015 (1967)

Trinidad and Tobago United Cultural Association, Inc., Respondent, v. Vista Travel Service, Inc., Defendant, and British West Indian Airways et al., Appellants.

Supreme Court, Appellate Term, First Department.

April 20, 1967


Attorney(s) appearing for the Case

Condon & Forsyth (William C. Clarke, III, of counsel), for appellants. Frederick E. Samuel for respondent.

Concur — GOLD, J. P., HECHT, JR., and HOFSTADTER, JJ.


Per Curiam.

The oral contract relied upon by plaintiff is inconsistent with the provisions of the carrier's tariff schedule filed pursuant to the provisions of section 403 of the Federal Aviation Act (U. S. Code, tit. 49, § 1373) and is invalid and unenforcible (New York & Honduras Rosario Mining Co. v. Riddle Airlines, 3 A.D.2d 457 [1st Dept., 1957], affd. 4 N.Y.2d 755...

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