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PROTECTION INDUSTRIES CORP. v. DDB NEEDHAM WORLDWIDE, INC.

306 A.D.2d 175 (2003)

763 N.Y.S.2d 546

PROTECTION INDUSTRIES CORP., Appellant, v. DDB NEEDHAM WORLDWIDE, INC., Respondent.

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

Decided June 24, 2003.

The motion court properly found that General Obligations Law §§ 5-901 and 5-903 render the automatic renewal clause in the parties' contract unenforceable. Thus, even though defendant made payments after the June 7, 1999 termination date, the June 7, 1991 contract was not renewed for another eight years (see e.g. Concourse Nursing Home v Axiom Funding Group, 279 A.D.2d 271

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