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Leisure Time Travel, Inc. v. Villa Roma Resort and Conference Center, Inc.

Supreme Court, Queens County

February 22, 2017

Leisure Time Travel, Inc., Plaintiff,
v.
Villa Roma Resort and Conference Center, Inc., Defendant.

          LEONARD LIVOTE, J.

         The following papers numbered 1 to 13 were read on this motion by plaintiff for an Order pursuant to CPLR 3212 which: (1) grants plaintiff Leisure Time Travel Inc. partial summary judgment in the amount of $220, 000.00, on the first cause of action, together with statutory 9 per cent interest from May 8, 2006, pursuant to CPLR sections 5001 through 5004, and any all applicable law, and orders the clerk to enter Judgment accordingly; (2) additionally grants partial summary judgment on the second and third causes of action, by deciding that defendant Villa Roma breached its contract with plaintiff Leisure Time when it informed Leisure Time that it would not be permitted to produce Passover holiday programs for the years 2009 through 2011; (3) that the court order that plaintiff Leisure Time's damages on the second and third causes of action be decided at trial; and (4) that defendant Villa Roma's two counterclaims be dismissed; and on the defendant's cross-motion for summary judgment.

         Papers

         Numbered

         Notice of Motion, Affirmation, Affidavits

         and Exhibits 1-4, 5-8

         Answering Affirmations, Affidavits and

         Exhibits 9-11

         Reply Affirmations, Affidavits and

         Exhibits 12-13

         Other

         Upon the foregoing papers, the motion and cross-motion are decided as follows:

         Plaintiff Leisure Time Travel Inc. ("LTT") is a travel company that specializes in producing holiday tours and vacations that comport with Jewish law and tradition. Defendant Villa Roma purports to be the last operating resort in the Catskills' famed "Borscht Belt."

         On July 2, 2001, the parties entered into a contract whereby the Villa Roma would be utilized for five consecutive Passover celebrations from 2002 through 2006. On October 25, 2005, the parties agreed to extend ...


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