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Ansari v. Kuwait Airways Corp.

United States District Court for the Eastern District of New York

June 15, 2011, Decided; June 16, 2011, Filed

CV-10-2426 (VVP)

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

POHORELSKY, Magistrate Judge:

Having considered the evidence at trial and the submissions of the parties, the court makes the following findings of fact and reaches the following conclusions of law:

FINDINGS OF FACT

1. At some time prior to April 20, 2010, the plaintiff Mohammed A. Ansari purchased a ticket for travel by air from Islamabad, Pakistan to Kennedy Airport in New York City aboard the defendant Kuwait Airways Corporation aircraft. The plaintiff's travel was scheduled to commence on April 20, 2010.

2. The plaintiff purchased the ticket for air travel through a travel agent. He had no direct contact with the defendant in that process.

3. At the time the plaintiff purchased the ticket, the itinerary for his travel to New York included a stop at London's Heathrow Airport, but the travel agent apparently did not advise him of that fact.

4. When the plaintiff arrived at the airport  [*2] in Islamabad on April 20, 2010, he was advised that his flight had been canceled because volcanic activity in Iceland had caused Heathrow Airport to be closed. The Passenger Name Record for the plaintiff reflects that the flight was in fact canceled because of volcanic ash over London, Def. Ex. D, and Heathrow Airport was closed to air travel at that time for approximately two weeks.

5. As the plaintiff's permission to re-enter the United States was to expire on May 1, 2010, he had to arrive in the United States on or before that date.

6. In conversation with his travel agent, the plaintiff was told that there were no tickets available for transportation aboard other flights offered by the defendant that would transport him to the United States by the May 1 date.

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2011 U.S. Dist. LEXIS 63672 *; 2011 WL 2457396

MOHAMMED A. ANSARI, Plaintiff, - v - KUWAIT AIRWAYS CORPORATION, Defendant.

CORE TERMS

ticket, cancellation, transportation, Airport, flight, travel, travel agent, meteorological, aboard, terms of the contract, conclusions of law, purchase price, conditions, terms and conditions, purchase a ticket, fact finding, volcanic ash, full refund, air travel, constitutes, airfare, airline, arrive, refund, fare, air