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GELB v. AM. MOTOR CLUB

134 Misc.2d 181 (1986)

Ted Gelb, Plaintiff, v. American Motor Club, Inc., Defendant.

Civil Court of the City of New York, Queens County.

December 15, 1986

Attorney(s) appearing for the Case

Rosner & Goodman for defendant. Michael K. Eidman for plaintiff.

ROBERT L. NAHMAN, J.

Defendant brings the instant motion pursuant to CPLR 3212 to dismiss the plaintiff's complaint.

Plaintiff and defendant entered into a contract (American Automobile Consumer Repair Agreement Ltd.) whereby for a fee paid by the plaintiff, defendant was to repair body damage to plaintiff's automobile.

Plaintiff's automobile was stolen on March 31, 1986, was subsequently recovered...

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