NATGASCO v Szechuan Empire

[*1] Natgasco, A Mitchell Supreme Co. v Empire 2004 NY Slip Op 51622(U) Decided on December 14, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-308 K C

NATGASCO, A MITCHELL SUPREME COMPANY, Appellant,

against

SZECHUAN EMPIRE and DANNY CHOW, Respondents.

Appeal by plaintiff from a judgment of the Civil Court, Kings County (E. Prus,

J.), entered September 26 2003, which dismissed the complaint.

Judgment unanimously affirmed without costs.

In this action to recover certain costs for natural gas provided by plaintiff, upon review of the evidence, we find that the contract was automatically renewed under its terms. The court below properly determined that the parties did not agree to modify said contract (see generally Matter of Express Indus. & Term. Corp. v New York State Dept. of Transp., 93 NY2d 584 [1999]; Platt v Portnoy, 220 AD2d 652 [1995]).
Decision Date: December 14, 2004