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OVITZ v. BLOOMBERG L.P.

2864, 603692/08.

77 A.D.3d 515 (2010)

909 N.Y.S.2d 710

BRUCE OVITZ, Respondent, v. BLOOMBERG L.P., et al., Appellants.

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

Decided October 21, 2010.

In this putative class action, accepting as true the facts alleged in the complaint (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), we hold the automatic renewal provision of the agreement between plaintiff and defendants was both "inoperative" (General Obligations Law § 5-901) and "unenforceable" (§ 5-903), since defendants failed to provide the requisite notice to plaintiff...

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