Tucciarone v. Automobile Club of Syracuse, Inc.

— Order unanimously modified in the exercise of discretion and as modified affirmed without costs, in accordance with the following Memorandum: Plaintiff operated an automobile service station and contracted with defendant to provide towing and related services to defendant’s members. Defendant agreed to reimburse plaintiff on a monthly basis. Plaintiff executed a promissory note payable to defendant based upon a loan for plaintiff’s purchase of a flatbed truck. Monthly payments on the note were to be deducted by defendant from plaintiff’s monthly reimbursement and all monies due became…