Marcus v. Zenith Travel, Inc.

Order, Supreme Court, New York County (David B. Saxe, J.), entered October 18, 1990, which denied, in part, defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiff and his wife consulted with defendant travel agent for the purpose of arranging an overseas tour. For $7000, defendant booked plaintiff and his wife on a tour packaged by an independent wholesaler who was fully identified to plaintiff; in addition, plaintiff paid $6000 for airfare arranged by defendant directly. As a result of problems in the management and…