Telephone Secretarial Service v. Sherman

Appellate Terms of the Supreme Court of New York

Telephone Secretarial Service v. Sherman

52 Misc. 2d 901, 277 N.Y.S.2d 45, 1966 N.Y. Misc. LEXIS 1340

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 9, 1966

StatusPublished

Cited by1 cases

This text of 52 Misc. 2d 901 (Telephone Secretarial Service v. Sherman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Telephone Secretarial Service v. Sherman, 52 Misc. 2d 901, 277 N.Y.S.2d 45, 1966 N.Y. Misc. LEXIS 1340 (N.Y. Ct. App. 1966).

Pincite

Opinion

Per Curiam.

The automatic renewal clause of the contract for telephone service involved herein is governed by the provisions of section 5-903 of the General Obligations Law and consequently was inoperative in the absence of a prior notice to the subscriber calling attention to the clause.

The statute applies to contracts “ for service, maintenance or repair to or for any real or personal property ”. Implicit in the agreement to furnish telephone service is an obligation to service the equipment used and it is immaterial whether this be done by the promisor or by someone else on its behalf. There is no requirement that the “ service to property” be the exclusive “ service ” for which the client pays and there is no policy reason to so restrict the application of this remedial statute which was aimed at a widespread abuse.

Furthermore a service may be properly said to be rendered “for” property when it is rendered “in connection with” property and that is the case here where the use of telephone equipment is indispensable to rendition of the service.

The judgment and order granting summary judgment dismissing the complaint should be unanimously affirmed, with $10 costs.

Concur — Di Giovakha, Gulotta and Baker, JJ.

Judgment and order affirmed, etc.

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Per Curiam.

The automatic renewal clause of the contract for telephone service involved herein is governed by the provisions of section 5-903 of the General Obligations Law and consequently was inoperative in the absence of a prior notice to the subscriber calling attention to the clause.

The statute applies to contracts “ for service, maintenance or repair to or for any real or personal property ”. Implicit in the agreement to furnish telephone service is an obligation to service the equipment used and it is immaterial whether this be done by the promisor or by someone else on its behalf. There is no requirement that the “ service to property” be the exclusive “ service ” for which the client pays and there is no policy reason to so restrict the application of this remedial statute which was aimed at a widespread abuse.

Furthermore a service may be properly said to be rendered “for” property when it is rendered “in connection with” property and that is the case here where the use of telephone equipment is indispensable to rendition of the service.

The judgment and order granting summary judgment dismissing the complaint should be unanimously affirmed, with $10 costs.

Concur — Di Giovakha, Gulotta and Baker, JJ.

Judgment and order affirmed, etc.

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Bluebook (online)

52 Misc. 2d 901, 277 N.Y.S.2d 45, 1966 N.Y. Misc. LEXIS 1340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telephone-secretarial-service-v-sherman-nyappterm-1966.

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