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FEDER v. CALIGUIRA

17 Misc.2d 880 (1959)

Mannie Feder, Doing Business as Beam Music Co., Respondent, v. Frank Caliguira, Doing Business as Frank's Pizzeria and Restaurant, Appellant.

Supreme Court, Appellate Term, Second Department.

April 27, 1959.

Attorney(s) appearing for the Case

Jesse B. Hecht for appellant.

Bernstein & Bernstein (Charles E. Bernstein of counsel), for respondent.

Concur — PETTE, DI GIOVANNA and BENJAMIN, JJ.

Per Curiam.

The contract herein involved for the hiring of a coin-operated phonograph comes within the purview of section 399 of the General Business Law. The automatic renewal clause was rendered inoperative by reason of plaintiff's failure to give the notice required by this section. (See Melodies, Inc. v. La Pierre, 4 A.D.2d 982; Peerless Towel Supply Co. v. Triton Press, 3 A.D.2d 249

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