Young v. Delta Air Lines, Inc.
| Decision Date | 21 October 1980 |
| Citation | 78 A.D.2d 616,432 N.Y.S.2d 390 |
| Parties | Ugenia YOUNG, Plaintiff-Respondent-Appellant, v. DELTA AIR LINES, INC., Defendant-Appellant-Respondent. |
| Court | New York Supreme Court — Appellate Division |
J. Griliches, New York City, for plaintiff-respondent-appellant.
D. T. Barry, Jr., New York City, for defendant-appellant-respondent.
Before MURPHY, P. J., and SANDLER, ROSS, SILVERMAN and CARRO, JJ.
Order, Supreme Court, New York County, entered September 12, 1979, granting in part and denying in part defendant's motion for summary judgment, is unanimously modified, on the law, to the extent that defendant's motion for summary judgment dismissing the second and third causes of action in the complaint is granted and said causes of action are dismissed, and the order is otherwise affirmed, without costs.
It is clear from the complaint and the bill of particulars that the present action is not for an insult to a passenger but rather for negligence and misconduct in connection with the transportation and consequent death of plaintiff's dog. In such circumstances, plaintiff's damages are limited by applicable tariff filed with the Civil Aeronautics Board to $500 and may not be increased beyond that by allegations of emotional distress to plaintiff or claims for punitive damages. Crosby & Co., Inc. v. Air France, 76 Misc.2d 990, 996-999, 352 N.Y.S.2d 75, aff'd, 42 A.D.2d 1050, 348 N.Y.S.2d 957; Blair v. Delta Air Lines, D. C., 344 F.Supp. 360, aff'd 5th Cir., 477 F.2d 564; Tishman & Lipp, Inc. v. Delta Air Lines, D. C., 275 F.Supp. 471, 480, aff'd 2nd Cir., 413 F.2d 1401. And even apart from the tariffs, New York law does not permit recovery for mental suffering and emotional disturbance as an element of damages for loss of a passenger's property (Cohen v. Varig Airlines, 62 A.D.2d 324, 336, 405 N.Y.S.2d 44); nor does this appear to be a case where punitive damages could be awarded under New York law.
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