Opinion
570772/07.
Decided August 8, 2008.
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about June 21, 2007, after trial, in favor of defendant dismissing the action.
Judgment (Jeffrey K. Oing, J.), entered on or about June 21, 2007, affirmed, without costs.
Present: McKeon, P.J., Schoenfeld, Heitler, JJ.
The record shows that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" in dismissing the small claims action ( see CCA 1804, 1827; Williams v Roper, 269 AD2d 125, lv dismissed 95 NY2d 898). Plaintiff failed to make the requisite showing that the loss of the items allegedly contained in his carry-on baggage — which remained in plaintiff's control until he exited the aircraft at the end of the international flight Ä was the result of defendant's "fault or that of its servants or agents" (Convention for International Carriage by Air art 17[2], May 28, 1999, reprinted in S Treaty Doc No. 106-45, 1999 WL 33292734, 1999 UST LEXIS 175 [Montreal Convention]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.