Plaintiff, a lawyer, and a guest at a resort hotel, Concord Hotel in the Catskill Mountain resort area misread an advertisement in the New York Times concerning the Memorial Day weekend entertainment. He believed that a popular entertainer, Joel Gray would be performing for three nights during the weekend rather than just one.
Plaintiff contacted a travel agent and solicited a reservation at the hotel.
The plaintiff had seen a billboard, which indicated that Joel Gray would perform at the Concord only on the Sunday of the holiday weekend. Knowingly, he checked into the hotel ignoring this disconcerting information, claiming that he did not wish to turn back and ruin a long-anticipated