O'Leary v. American Airlines

Weinstein, J.,

dissents and votes to affirm the order and judgment appealed from, in accordance with the following memorandum, in which O’Connor, J., concurs: I do not subscribe to the conclusion of my learned colleagues of the majority that airline carriers owe to their passengers suffering from a disability such as intoxication a special duty of protection from the consequences thereof, to the extent of refusing to provide such passengers with food and beverage service which is commonly made available by the airline to its patrons, f As per my interpretation of the law, defendant owed no…