FREEDMAN v. NORTHWEST


167 Misc.2d 891 (1996)

638 N.Y.S.2d 906

David Freedman, Plaintiff, v. Northwest Airlines, Inc., Defendant.

City Court of Albany.

February 9, 1996


Attorney(s) appearing for the Case

Bryan E. Rounds, Albany, for plaintiff. DeGraff, Foy, Holt-Harris, Mealey & Kunz, L. L. P., Albany (Christopher Massaroni and Vanessa R. Elliott of counsel), for defendant.


MADONNA STAHL, J.

Plaintiff has brought an action for compensatory and punitive damages resulting from a 10-hour delay in Detroit on April 9, 1995, while he was traveling on defendant's airline from Tampa, Florida, to Albany, New York.

Defendant moves to dismiss on documentary evidence and/or for summary judgment. Defendant alleges that the terms of the published tariffs prohibit an action at law or...

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