Pan American World Airways, Inc. v. Premier Tours, Inc.

Appellate Division of the Supreme Court of New York

Pan American World Airways, Inc. v. Premier Tours, Inc.

52 A.D.2d 807, 383 N.Y.S.2d 338, 1976 N.Y. App. Div. LEXIS 12607

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 18, 1976

StatusPublished

This text of 52 A.D.2d 807 (Pan American World Airways, Inc. v. Premier Tours, 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

Pan American World Airways, Inc. v. Premier Tours, Inc., 52 A.D.2d 807, 383 N.Y.S.2d 338, 1976 N.Y. App. Div. LEXIS 12607 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered September 15, 1975, which, inter alia, denied plaintiffs motion for the arrest of the defendant Brian Maitland-Smith, unanimously affirmed, without costs or disbursements. Pan American World Airways, Inc., sued the corporate defendant as well as the individual Brian Maitland-Smith for conversion based on the alleged failure to remit proceeds of air travel tickets. The sole issue raised on appeal is whether Special Term properly exercised its discretion in declining to direct the civil arrest of the individual defendant. The severity of the remedy of civil arrest warrants its being applied only in very limited cases (Bata v Bata, 277 App Div 335, app dsmd 302 NY 213). There was no indication in the case at bar that the defendant will not be available at trial, nor was there conclusive proof presented that plaintiff would be entitled to the relief sought. We find, therefore, that Special Term providently exercised its discretion in denying plaintiff’s motion. Concur—Stevens, P. J., Kupferman, Lupiano, Lane and Lynch, JJ.

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Order, Supreme Court, New York County, entered September 15, 1975, which, inter alia, denied plaintiffs motion for the arrest of the defendant Brian Maitland-Smith, unanimously affirmed, without costs or disbursements. Pan American World Airways, Inc., sued the corporate defendant as well as the individual Brian Maitland-Smith for conversion based on the alleged failure to remit proceeds of air travel tickets. The sole issue raised on appeal is whether Special Term properly exercised its discretion in declining to direct the civil arrest of the individual defendant. The severity of the remedy of civil arrest warrants its being applied only in very limited cases (Bata v Bata, 277 App Div 335, app dsmd 302 NY 213). There was no indication in the case at bar that the defendant will not be available at trial, nor was there conclusive proof presented that plaintiff would be entitled to the relief sought. We find, therefore, that Special Term providently exercised its discretion in denying plaintiff’s motion. Concur—Stevens, P. J., Kupferman, Lupiano, Lane and Lynch, JJ.

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Bluebook (online)

52 A.D.2d 807, 383 N.Y.S.2d 338, 1976 N.Y. App. Div. LEXIS 12607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-world-airways-inc-v-premier-tours-inc-nyappdiv-1976.

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