Gelb v. American Motor Club, Inc.

OPINION OF THE COURT

Robert L. Nahman, J.

Defendant brings the instant motion pursuant to CPLR 3212 to dismiss the plaintiff’s complaint.

Plaintiff and defendant entered into a contract (American Automobile Consumer Repair Agreement Ltd.) whereby for a fee paid by the plaintiff, defendant was to repair body damage to plaintiff’s automobile.

Plaintiff’s automobile was stolen on March 31, 1986, was *182subsequently, recovered and in need of repair. The membership application entered into between the parties prior to the contract states on its face that "membership will be rescinded upon suspension or…