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TURNER-SCHRAETER v. BRIGHTON TRAVEL BUREAU, INC.

258 A.D.2d 393 (1999)

685 N.Y.S.2d 692

NITZA TURNER-SCHRAETER, Appellant, v. BRIGHTON TRAVEL BUREAU, INC., et al., Respondents.

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

Decided February 23, 1999.

We agree with Appellate Term and Civil Court that the nature of this kosher Passover vacation at a resort hotel in Puerto Rico, including two complete Seders, was such as to justify a liquidated damages clause based on a sliding scale culminating in forfeiture of 100% of the purchase price for cancellations made, as here, within 14 days of departure (see, Truck Rent-A-Ctr. v Puritan Farms 2nd, 41 N.Y.2d 420, 425). The clause, which...

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