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Bush v. ProTravel International, Inc.

Civil Court of New York, Richmond County
746 N.Y.S.2d 790 (2002)

Facts

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

Issue

Holding and Reasoning (Vitaliano, J.)

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