Henry P. Smalls, Plaintiff-Appellant, v. J. Scott Kirby, Defendant-Respondent. (2025)

Supreme Court, Appellate Term, New York,

Henry P. Smalls, Plaintiff-Appellant, v. J. Scott Kirby, Defendant-Respondent.

570216 /25

Decided: May 15, 2025

PRESENT: Hagler, P.J., Tisch, James, JJ.

Per Curiam.

Judgment (Verena C. Powell, J.), entered on or about December 4, 2023, affirmed, without costs.

We sustain the dismissal of this action, albeit for reasons different than those stated by Civil Court. The underlying action, based upon allegations that plaintiff were wrongfully bumped from a United Airlines flight, is properly dismissed on the ground that the sole defendant, J. Scott Kirby, sued in an individual capacity, is not a proper party defendant to this action (see Anderson v Woods, 136 NY Supp 2d 721 [App Term, 1st Dept 1954]). Plaintiff's remedies, if any, are more properly sought against nonparty United Airlines.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: May 15, 2025

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