Fix v. Travel Help

2 Citing cases

  1. Cathay Pacific Airways, Ltd. v. Fly & See Travel, Inc.

    3 F. Supp. 2d 443 (S.D.N.Y. 1998)   Cited 10 times
    Refusing to imply a private right of action under N.Y. Gen. Bus. L. § 158

    See Joint Pre-Trial Order filed December 8, 1992 ("Dec.PTO") at ¶ 8(b)(11). While it appears that New York law is unclear on this issue, compare Spiro v. Pence, 149 Misc.2d 613, 566 N.Y.S.2d 1010, 1011-12 (N.Y.City Ct. 1991) (travel agent was independent contractor and not agent of provider of vacation services even though it received commissions from provider) with Bucholtz v. Sirotkin Travel, Ltd., 80 Misc.2d 333, 363 N.Y.S.2d 415, 416 (N.Y.Sup.Ct. 1974) (where no proof of independent relationship between retail travel agent and wholesaler, retail travel agent considered agent of customer); and Pellegrini v. Landmark Travel Group, 165 Misc.2d 589, 628 N.Y.S.2d 1003, 1007 (N.Y.City Ct. 1995) (travel agent is consumer's agent); and Fix v. Travel Help, 143 Misc.2d 673, 541 N.Y.S.2d 924, 925 (Village of Tuckahoe, Small Claims Part 1989) (travel agency acted as traveler's agent); and Levin v. Kasmir World Travel, Inc., 143 Misc.2d 245, 540 N.Y.S.2d 639, 641 (Civ.Ct. City of N.Y., Small Claims Part) (travel agent was fiduciary to traveler); and Das v. Royal Jordanian Airlines, 766 F. Supp. 169, 171 (S.D.N Y 1991) (travel agent was traveler's agent), assuming, arguendo, that defendants were plaintiffs' agents, plaintiffs' agency claims must be dismissed because the evidence adduced at trial established that plaintiffs ratified defendants' acts. Under New York agency law, the principal may not accept the fruits of the agent's fraud and then attempt to divorce himself from the agent by repudiating the agent and his knowledge.

  2. Spiro v. Pence

    149 Misc. 2d 613 (N.Y. Misc. 1991)   Cited 6 times

    Some courts have held that a travel agent is the agent of the traveler. (Bucholtz v. Sirotkin Travel, 74 Misc.2d 180, affd 80 Misc.2d 333; Fix v. Travel Help, 143 Misc.2d 673.) Other courts have held that a travel agent is an agent for the wholesaler or provider of services.