OVERSEAS TOURS & TRAVEL v. SARNE CO.


17 A.D.2d 578 (1963)

Overseas Reliance Tours & Travel Service, Inc., Appellant, v. Sarne Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 5, 1963.


Attorney(s) appearing for the Case

Murray J. Richmond of counsel (Levine & Greenberg, attorneys), for appellant.

Herbert S. Podell of counsel (Podell & Podell, attorneys), for respondents.

BREITEL, J. P., RABIN, VALENTE, STEVENS and NOONAN, JJ., concur.


Per Curiam.

Plaintiff appeals from the denial of its motion for summary judgment, made under rule 113 of the Rules of Civil Practice, in an action for the price of air line tickets sold and delivered.

The arrangements for the sale of the tickets were made by an old acquaintance of the individual defendants. He did not disclose that he was the agent for anyone. According to plaintiff, he was its sales agent...

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