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LEVINE v. BRITISH OVERSEAS AIRWAYS

66 Misc.2d 766 (1971)

Robert Levine et al., Plaintiffs, v. British Overseas Airways Corporation et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

April 28, 1971

Attorney(s) appearing for the Case

Weiss, Wiener, Levine & Swiedler (Robert Levine of counsel), for plaintiffs. Condon & Forsyth (Thomas J. Whalen of counsel), for defendants.

BENTLEY KASSAL, J.

Plaintiffs move for summary judgment against defendants, British Overseas Corporation ("BOAC") and Leo Lazar, doing business as Comet Travel Agency ("Comet"), to recover the sum of $86 as a refund for a portion of two airline tickets returned unused to BOAC. Comet failed to appear in this action. BOAC does not dispute that plaintiffs are entitled to the refund, but asserts in opposition to...

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