Ocean Side Institutional Industries, Inc. v. Highland Care Center, Inc.

—In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), entered August 9, 1991, which granted the motion of the defendant Highland Care Center, Inc., to dismiss the complaint insofar as it is asserted against it.

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…