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SOUTHMARK v. UNITED AIRLINES

132 Misc.2d 586 (1986)

Southmark/Envicon Capital Corp., Plaintiff, v. United Airlines, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 30, 1986

Attorney(s) appearing for the Case

Weil, Gotshal & Manges (Kenneth Steinthal, Ira Millstein, James Quinn and John Lester of counsel), for American Airlines, Inc., defendant. Peter Fleming, Jr., John Romens and Margaret Groben for United Airlines, Inc., and others, defendants. Spengler Carlson Gubar Brodsky & Frishling (Edward Brodsky, Thomas Seel and Naomi Schaff of counsel), and Curtis, Mallet-Prevost, Colt & Mosle for plaintiff.

SEYMOUR SCHWARTZ, J.

Defendants move, pursuant to CPLR 3211 (a) (7), to dismiss the complaint for failure to state a cause of action. Defendant American Airlines, Inc. (American) moves by companion motion for the same relief.

Defendants are 7 of the 12 major airlines that offer frequent flyer promotional programs. These programs give customers who fly and use certain affiliated hotels and car rentals...

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