Legal Opinion

McMurry v. Capitol International Airways

Civil Court of the City of New York

Decided January 4, 1980PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Jerome L. Steinberg, J.

In this small claims action, both sides move for summary judgment. The undisputed facts are as follows:

Claimant purchased two tickets (for himself and his wife) on defendant’s Flight No. 201, from Brussels to New York, for July 12, 1979. On July 11, 1979 a Capitol flight from Chicago to Boston to Brussels was canceled due to engine trouble, which also resulted in the cancellation of claimant’s flight on the following day.

Claimant seeks the refund of the $300 paid for his two tickets. This amount is not in dispute. Capitol is willing to refund this…

2Cases cited1 opinion

  1. Stolk v. Compagnie Nationals Air FranceCivil Court of the City of New York · 1969

3Cited by3 opinions

  1. Sánchez Betancourt v. Eastern Air Lines, Inc.Supreme Court of Puerto Rico · 1983
  2. The St. Paul Insurance Co. Of Illinois, as Subrogee of First Wisconsin Corp. v. Venezuelan International Airways, Inc., A/K/A Viasa AirlinesCourt of Appeals for the First Circuit · 1987
  3. Cenci v. Mall Airways, Inc.Albany City Court · 1988

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