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BRAKA v. TRAVEL ASSISTANCE INTERNATIONAL

25 A.D.3d 456 (2006)

807 N.Y.S.2d 372

DAVID BRAKA, Respondent, v. TRAVEL ASSISTANCE INTERNATIONAL et al., Appellants, et al., Defendant.

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

January 19, 2006.

In this breach of contract action seeking payment for travel expenses in evacuating plaintiff by air ambulance after injuries sustained in a motor vehicle accident in Fiji, defendants failed to make a prima facie showing of entitlement to summary judgment (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]).

There was no clear evidence that the father intended his payment of the evacuation costs to be gratuitous since...

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