J.D.'S TIRE & BATTERY CTR., INC. v. AUTO. CLUB OF NEW YORK, INC.


255 A.D.2d 361 (1998)

679 N.Y.S.2d 685

J.D.'s Tire and Battery Center, Inc., Doing Business as Jan's Med-a-Car Service, et al., Respondents, v. Automobile Club of New York, Inc., Appellant, et al., Defendants

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

November 9, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the appellant's motion which were to dismiss the first, second, third, fourth, fifth, and tenth causes of action in the complaint are granted, and those causes of action are dismissed insofar as asserted against the appellant.

The agreement between the parties was duly terminated by the appellant pursuant to a provision therein allowing for termination upon 30 days...

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