TEL. SEC. SERV. v. SHERMAN


52 Misc.2d 901 (1966)

Telephone Secretarial Service, Appellant, v. S. R. Sherman, Respondent.

Supreme Court, Appellate Term, Second Department.

November 9, 1966


Attorney(s) appearing for the Case

Richard B. Schwartz and Sol S. Zuckerman for appellant. Broder Feinberg & Charles (Alfred W. Charles of counsel), for respondent.

Concur — DI GIOVANNA, GULOTTA and BAKER, JJ.


Per Curiam.

The automatic renewal clause of the contract for telephone service involved herein is governed by the provisions of section 5-903 of the General Obligations Law and consequently was inoperative in the absence of a prior notice to the subscriber calling attention to the clause.

The statute applies to contracts "for service, maintenance or repair to or for any real or personal property". Implicit...

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