BUCHOLTZ v. SIROTKIN TRAVEL


80 Misc.2d 333 (1974)

Helen Bucholtz, Respondent, v. Sirotkin Travel, Ltd., Appellant.

Supreme Court, Appellate Term, Second Department.

December 5, 1974


Attorney(s) appearing for the Case

Harold Holtman for appellant. Paul G. Whitby for respondent. Arthur L. Schiff for American Society of Travel Agents, Inc., amicus curiae.

Concur: HOGAN P. J., FARLEY and GAGLIARDI, JJ.


MEMORANDUM.

In this small claims action, plaintiff seeks to cast defendant travel agency into damages for reservations that went awry. Since it is undisputed that the travel agency had utilized the services of a wholesaler who had put together a "package tour," defendant contends on this appeal that the wholesaler alone is liable for any default in performance.

Allocation of responsibility in the case before us should proceed upon the principles of agency...

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