Opinion
570313/03.
Decided January 23, 2004.
Plaintiff appeals from an order of the Small Claims Part of the Civil Court, New York County, entered on or about December 13, 2002 (Doris Ling-Cohan, J.) in favor of defendant dismissing the action.
Order entered on or about December 13, 2002 (Doris Ling-Cohan, J.) affirmed, without costs.
PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
The record establishes that the trial court applied the appropriate rules and principles of substantive law and accomplished "substantial justice" (CCA 1804, 1807) in dismissing the small claims action. Giving proper effect to the defendant's published tariffs, and considering the plaintiff's candid trial admission that he and his companion missed the initial, Newark-Paris leg of their flight package solely through their "own fault" (they apparently "misunderstood the dates of travel"), we agree that plaintiff failed to establish that defendant breached any duty to offer a credit or refund on the unused, "non-refundable," discount tickets or to automatically "reschedule [the] missed flight." To the extent that the record can support a finding that defendant improperly "cancelled" the "entire itinerary" based on the missed flight, no consequent damages were shown to have been sustained by plaintiff, who readily acknowledged that the day after the missed flight he "declined" to purchase the one-way replacement tickets available for sale at the higher fare then prevailing.
This constitutes the decision and order of the court.