Mathews v. Northwest Airlines, Inc.

Full title: MARCIA A. MATHEWS, Respondent, v. NORTHWEST AIRLINES, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 23, 1988

145 A.D.2d 968 (N.Y. App. Div. 1988)

Opinion

December 23, 1988

Appeal from the Onondaga County Court, Cunningham, J.

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.

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 N.Y.2d 458, 464; Morris v Cooper, 115 A.D.2d 337, 338). Moreover, there is no evidence in this record of any overreaching, fraud or misrepresentation by the defendant.