Opinion
March 6, 1995
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is affirmed, with costs.
We agree with the Supreme Court that the parties' contract was governed by General Obligations Law § 5-903 which required the plaintiff to provide the defendant with notice of the contract's renewal clause prior to the time of renewal (see, Mount Vernon Amusement Co. v. Georgian Rest. Corp., 30 A.D.2d 823; Telephone Secretarial Serv. v. Sherman, 28 A.D.2d 1010). The plaintiff's failure to comply with the statute mandated dismissal of the complaint insofar as it is asserted against the defendant as a matter of law.
The appellant's remaining contentions are either without merit or need not be addressed in light of our determination. Bracken, J.P., Pizzuto, Altman and Krausman, JJ., concur.