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NORTH AM. HYPERBARIC CTR. v. CITY OF NEW YORK

198 A.D.2d 148 (1993)

604 N.Y.S.2d 56

North American Hyperbaric Center, Appellant, v. City of New York, Defendant, and Health and Hospitals Corporation of the City of New York (Bronx Municipal Hospital Center), Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 1993

The IAS Court recognized that after the expiration of their contract, the parties' conduct could have evidenced their mutual assent to a new contract embracing the same provisions and terms as their prior contract, since it is well settled in New York that "[w]hen an agreement expires by its terms, if, without more, the parties continue to perform as theretofore, an implication arises that they have mutually assented to a new contract...

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