Real Estate Contracts

Bush v. ProTravel International, Inc.

Court: Civil Court, Richmond County
Citation:  192 Misc 2d 743, 746 N.Y.S. 2d 790 (Sup. Ct. Richmond Co. 2002)
Plaintiff: Alexandra Bush
Defendants: ProTravel International, Inc.

Facts: Alexandra Bush (“Bush”) contracted for a honeymoon safari in East Africa. Her trip was supposed to happen on or about November 14, 2001. Between the time of her booking the trip and the departure date, New York City was attacked by terrorists on September 11, 2001. Due to events surrounding 9/11, Bush was unable to timely contact Defendant travel company to cancel the trip. The travel company moved for summary judgment to require Bush to pay for the trip she could no longer take.

Holding: The Supreme Court denied the motion for summary judgment finding that there were issues of fact concerning Bush’s defenses of frustration of performance due to government actions beyond her control.

Submitted: Davida S. Scher, Esq.

Precis: Davida S. Scher