Opinion
May 12, 1997
Appeal from the Supreme Court, Queens County (Lane, J.).
Ordered that the appeal from the order is dismissed, as no appeal lies from an order made upon reargument of a decision (see, Stockfield v. Stockfield, 131 A.D.2d 834); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
As a general rule, a travel booking agent cannot be held liable for the negligence of the resort booked by the agent (see, Cohen v. Heritage Motor Tours, 205 A.D.2d 105, 107; Jacobson v. Princess Hotels Intl., 101 A.D.2d 757, 759). Because the plaintiffs failed to submit evidence raising a genuine triable issue of fact as to whether the defendant owned or controlled the resort in question, the Supreme Court properly granted the defendant's motion for summary judgment (see, Goessel v. Club Med Sales, 209 A.D.2d 356; Meshel v. Resorts Intl., 160 A.D.2d 211).
O'Brien, J.P., Copertino, Thompson and Krausman, JJ., concur.