NEWMAN v. AMERICAN AIRLINES (2021)

Judgment (Dakota D. Ramseur, J.), entered July 23, 2019, affirmed, without costs.

The record establishes that the trial court applied appropriate rules and principles of substantive law and accomplished “substantial justice” in awarding judgment in plaintiff's favor (CCA 1804, 1807; see Williams v Roper, 269 AD2d 125 [2000], lv dismissed 95 NY2d 898 [2000]). A fair interpretation of the evidence supports the finding that defendant airline charged $1,765.40 to plaintiff's credit card for a same day flight change, without consent of plaintiff, and in violation of its own stated “same day flight change” policy.

Nor is plaintiff's claim preempted by the Airline Deregulation Act of 1978 (“ADA”) (see 49 USC § 41713[b][1]; American Airlines v Wolens, 513 US 219, 228 [1995] [“We do not read the ADA's preemption clause ․ to shelter airlines from suits alleging no violation of state-imposed obligations, but seeking recovery solely for the airline's alleged breach of its own, self-imposed undertakings.”]).

Moreover, contrary to defendant's contention, the court's decision set forth sufficient findings of fact and conclusions of law to satisfy the requirements of CPLR 4213(b).

Per Curiam.

All concur.