Bush v. ProTravel International, Inc.
Civil Court of New York, Richmond County
746 N.Y.S.2d 790 (2002)
In May 2001, Alexandra Bush (plaintiff), a resident of Staten Island, New York, booked a safari vacation with Micato Safaris (defendant) and ProTravel International, Inc. (defendant), a retail travel agent in downtown Manhattan. The travel agreement required Bush to give ProTravel an initial 20 percent deposit in the amount of $1,516 which she forfeited if she did not provide notice of her intent to cancel the safari by September 14, 2001, sixty days before the scheduled start of the trip. Then the attacks of September 11, 2001 occurred. The City of New York was in chaos for days after the attack. Travel was restricted to and from Manhattan and telephone service had been interrupted. Bush made numerous unsuccessful attempts to telephone defendants to cancel the safari prior to the September 14, 2001 deadline. Bush finally reached ProTravel to cancel the vacation in mid-October. After defendants refused to return Bush’s deposit she filed suit to recover the money. Thereafter, defendants filed separate motions for summary judgment.
Rule of Law
Holding and Reasoning (Vitaliano, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.