GUERRERO v. WEST 23RD STREET REALTY, LLC


45 A.D.3d 403 (2007)

846 N.Y.S.2d 41

WILLIAM GUERRERO et al., Appellants, v. WEST 23RD STREET REALTY, LLC, et al., Respondents.

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

Decided November 15, 2007.


The causes of action for breach of contract were properly dismissed on defendants' CPLR 3211 motion. Even assuming that the agreement for building management services was modified either orally or by the parties' conduct, the modification, which would have permitted automatic renewal for consecutive one-year periods unless terminated by either party upon 60 days' notice prior to the expiration of the term of the agreement, is rendered unenforceable by General Obligations...

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