Stad v. Grace Downs Model and Air Career School

• Decision Date: 02 April 1971
• Citation: 65 Misc.2d 1095,319 N.Y.S.2d 918
• Parties: Henny STAD, Plaintiff, v. GRACE DOWNS MODEL AND AIR CAREER SCHOOL, Defendants.
• Court: New York City Court

Page 918

319 N.Y.S.2d 918

65 Misc.2d 1095

Henny STAD, Plaintiff, v. GRACE DOWNS MODEL AND AIR CAREER SCHOOL, Defendants.

Civil Court, City of New York, Queens County.

April 2, 1971.

Henny Stad, pro se.

Winer, Neuberger & Sive, New York City, for defendants.

NATH. HENTEL, Judge.

In this day of belated and overdue sensitivity to consumer problems, the instant case offers a classic example of consumer vulnerability. As a prefatory statement, this Court asserts that just as the courts and our legal system are designed as bulwarks to protect individual rights as against the arrayed might of the State in criminal actions, so must they be bulwarks in civil actions for the individual to prevent his rights as a consumer from being overwhelmed by the mighty array of businessmen competitively and alluringly advertising their wares and services. After all, what protective devices does the consumer have as against modern merchandising techniques? These techniques are an onslaught upon the senses, a brainwashing of advertising blandishments puffing the products to be sold and to which the consumer eventually succumbs, since he has been overstimulated to buy. He often becomes a compulsive purchaser lulled into a sense of euphoria by the repetition of half-truth slogans and luring come-one which produce the desired conditioned reflex leading to a signature on the 'dotted line' proffered by the seller.

Let us consider the instant case in this light: Plaintiff, a young lady, saw the advertisements of the Defendant in the 'Yellow Pages' of the New York Telephone Directory and in Glamour Magazine. The advertisements contained such key phrases as: 'Head Start for High School Grads. Combine vacation with learning on beautiful 16 acre estate in Glen Cove, L.I., where school and magnificent mansion (your home while attending) are located--with swimming pool, tennis courts, etc. Equivalent 2 years training covered in 42 weeks. Executive Secretarial '3 in 1' course includes all secretarial skills--stewardess * * * ticketing * * * reservations * * * sales * * * travel agent * * * plus model course for spare time modeling and airline publicity. Free Placement Service all Divisions (Emphasis supplied).' Further, another ad says: 'The World is yours with a Jet Age Career! Airline stewardess * * * airline secretaries trained and placed by Grace Downs (Graduates in Demand) (Emphasis supplied) Air Career School. Free Brochure--state age, telephone number and graduation date.'

So much for the Defendant's opening gambit. Next step: The Plaintiff wrote away for Defendant's brochure and she got one along with an application blank. The brochure attractively designed has imprinted on its cover: 'Prepare for an exicting future at Grace Downs Air Career School. Training and Free Placement of Women stewardesses, ground hostesses, reservation agents, ticket agents, bus hostesses. (Emphasis supplied). New York's first and only Air Career School Licensed by the New York State Department of Education.' The second page shows the 'campus' at Glen Cove which is labeled 'Glamor Manor'. On that page is also printed: 'Grace Downs Sky Stars * * * Enjoy playing first fiddle because of their Grace Downs Training. They rate high in the books of personnel directors everywhere. During the past decade, Grace Downs School placed 97% Of its graduates with major airlines. FREE PLACEMENT SERVICE established 1927.' (Emphasis supplied).

Further, on page 3 of the brochure it says: 'A staff of experts in personality development guide your every step to perfection during the training period. Grace Downs teaches her students personally in 'Employment Preparation--Employment Intervies'. More than 3 decades directing her success school She surely knows how to make you get that assignment, hold it and advance to executive posts.' (Emphasis supplied).

On the 4th page of the brochure are pictured five pretty girls and facsimiles of newspaper clippings announcing their engagements to be married and all are identified as Grace Downs Air Career School graduates. The legend below the news clips states: 'the girls depicted here bespeak their contentment resulting from rich opportunities awarded them as Grace Downs graduates. It would take a 'mile long' folder to feature the thousands upon thousands of these typical news reports clipped and sent to us from newspapers all over the world.' (Emphasis supplied). Pretty heady stuff that! And pretty difficult for the young, impressionable, and unsophisticated reading audience to whom this advertising is directed--'High School Grads.'

Now for the coup de grace comes the second gambit: Accompanying this brochure mailed to the plaintiff is a covering letter on the letterhead of the Grace Downs Air Career School which bears the legend 'Free Placement to Graduates'. (Emphasis supplied). The letter says in part:

'We are pleased to provide you with the information you requested regarding our Air Career Course. This course covers various positions with the Airlines such as ticketing, reservations, ground hostess, and of course, air hostess or stewardess. These positions are inter-related so that in order to be proficient in any one phase, you must know the duties involved in each. A brochure describing this unique course is enclosed. * * *

'Placement opportunities as a graduate of Grace Downs are great. We do not send our graduates 'hither and you' to battle through their own employment interviews but airline personnel executives come directly to the school to interview and hire our trained people.

'We will call you within a few days in order to arrange an interview appointment for you. The interview will enable us to assess your qualifications and also answer any questions you may have. It will not obligate you to attend, nor the Grace Downs School to accept you, But if you are accepted you may rest easy about your future in the fascinating airlines

field. * * *' (Emphasis supplied). Cordially yours, Grace

Downs Air Career...