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Mathews v. Northwest Airlines, Inc.

145 A.D.2d 968, 536 N.Y.S.2d 338, 1988 N.Y. App. Div. LEXIS 14046
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 23, 1988
StatusPublished

This text of 145 A.D.2d 968 (Mathews v. Northwest Airlines, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathews v. Northwest Airlines, Inc., 145 A.D.2d 968, 536 N.Y.S.2d 338, 1988 N.Y. App. Div. LEXIS 14046 (N.Y. Ct. App. 1988).

Opinion

— Order of the Onondaga County Court unanimously reversed on the law without costs and judgment of the Justice Court of the Town of Camillus reinstated. Memorandum: Justice Court properly found that plaintiff’s medical excuses were insufficient to warrant a "Maxsaver” airline ticket refund. The ticket contract was not unconscionable because of lack of mutuality of obligation and there was valid consideration (see, Weiner v McGraw-Hill, Inc., 57 NY2d 458, 464; Morris v Cooper, 115 AD2d 337, 338). Moreover, there is no evidence in this record of any overreaching, fraud or misrepresentation by the defendant. (Appeal from order of Onondaga County Court, Cunningham, J. — breach of contract.) Present — Callahan, J. P., Boomer, Green, Pine and Davis, JJ.

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Related

Weiner v. McGraw-Hill, Inc.
443 N.E.2d 441 (New York Court of Appeals, 1982)
Morris v. Cooper
115 A.D.2d 337 (Appellate Division of the Supreme Court of New York, 1985)

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Bluebook (online)
145 A.D.2d 968, 536 N.Y.S.2d 338, 1988 N.Y. App. Div. LEXIS 14046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathews-v-northwest-airlines-inc-nyappdiv-1988.