Opinion
2012-11-15
TREPP, LLC, Plaintiff–Appellant, v. McCORD DEVELOPMENT, INC., Defendant–Respondent.
Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola (Richard M. Howard of counsel), for appellant. Mandel Bhandari LLP, New York (Evan Mandel of counsel), for respondent.
Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola (Richard M. Howard of counsel), for appellant. Mandel Bhandari LLP, New York (Evan Mandel of counsel), for respondent.
FRIEDMAN, J.P., CATTERSON, RENWICK, DeGRASSE, ROMÁN, JJ.
Judgment, Supreme Court, New York County (Anil Singh, J.), entered January 18, 2012, pursuant to a so-ordered stipulation granting summary judgment in favor of plaintiff in the total amount of $101,908.06, and bringing up for review an order, same court and Justice, entered April 6, 2011, which denied defendant's motion to dismiss the portion of the complaint seeking $78,000 owed for the second year of the contract, following automatic renewal, unanimously affirmed, with costs.
The contract under which plaintiff agreed to give defendant access to its information and analytics concerning commercial and collateral mortgage-backed securities for a fee via plaintiff's website does not constitute a contract for “service ... to personal property” ( seeGeneral Obligations Law § 5–903; Wornow v. Register.Com, Inc., 8 A.D.3d 59, 778 N.Y.S.2d 25 [1st Dept. 2004] ). The contract did not involve the provision or lease of personal property ( seeGeneral Obligations Law § 5–901; compare Ovitz v. Bloomberg L.P., 77 A.D.3d 515, 909 N.Y.S.2d 710 [1st Dept. 2010],affd. 18 N.Y.3d 753, 944 N.Y.S.2d 725, 967 N.E.2d 1170 [2012] ).
Defendant's contention that the contract permits it to terminate its subscription after the initial three months upon giving 15 days written notice is unpreserved. In any event, such interpretation amounts to a strained reading of the plain language of the contract.