Stone v. Continental Airlines
New York City Civil Court
804 N.Y.S.2d 652 (2005)
Thatcher Stone (plaintiff) purchased round-trip tickets from Continental Airlines, Inc. (Continental) (defendant) for a ski vacation with his minor daughter. The tickets were from New York to Colorado, leaving on December 25 and returning on January 1. However, at the gate in New York, Continental bumped Stone and his daughter from their outgoing flight because the flight was overbooked. Continental and Stone disagreed about whether Continental offered an alternate flight two or six days later, but it was undisputed that Stone did not accept the offer and never took the trip. Stone lost $1,360 in prepaid lodging and resort expenses. Further, Continental did not immediately return the family’s checked luggage and did not tell the family when they would get their bags back. Because the family’s ski gear was trapped in the checked luggage and the family’s vacation money was tied up in the prepaid expenses, Stone was unable to book an alternate, local ski trip, and the family’s vacation plans were a complete loss. Stone sued Continental for breaching its ticket contract and violating New York consumer-protection laws.
Rule of Law
Holding and Reasoning (Lebedeff, J.)
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