DALLAS v. UNITED AIRLINES INC (2018)

ORDERED that, on the court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520 [c] ); and it is further,

ORDERED that the judgment is affirmed, without costs.

In this action, plaintiff claims that defendant failed to honor his accumulated frequent flyer mileage. After defendant failed to timely appear or answer the complaint, an inquest was held, at which plaintiff testified that he had been told that in order to reinstate his accumulated mileage, which had apparently expired, he would have to pay defendant the sum of $200, to which he objected. Following the inquest, the Civil Court dismissed the complaint, and a judgment in favor of defendant was entered on June 29, 2017.

In reviewing the record, we find that the Civil Court properly dismissed the complaint after the inquest since plaintiff failed to establish a prima facie case against defendant (see Joosten v Gale, 129 AD2d 531 [1987] ). On appeal, plaintiff contends that he did not submit all of his documentary evidence to the court. However, the record shows that he was asked by the court to submit all the evidence he had brought with him in support of his claim. We note that we do not consider any factual allegations which were not presented to the Civil Court, as they are dehors the record (see Chimarios v Duhl, 152 AD2d 508 [1989] ).

Accordingly, the judgment is affirmed.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.