ISupreme Court, New York County, Part 54
Robyn Asimov and Janet Asimov, as Co-Executors of The Estate of Isaac Asimov, Plaintiffs v. Trident Media Group, LLC and Robert Gottlieb, Defendants, 654129/2013
Court Declines to Address Applicability Of GOL §5-903; No Justiciable Controversy
Found this above shred in the NYLJ and was curious because the plaintiffs are apparently the daughters of a famous writer and the defendants are a well-respected literary agency and agent − presumably Asimov’s.
I can’t paste in an abstract of that General Obligations Law, but it concerns whether automatic renewals for services are legally OK or not.
Here’s a link to a National Law Journal article on this subject. Maybe you’ll find it enlightening − especially because it mentions one of those upsetting automatic charges all of us find on our credit cards, for services we did indeed sign up for once, but had no idea we were automatically bound to beyond the time we wanted them.
Here’s the key paragraphs (the writer is reporting on a conversation he had with his wife):
“…In 2006, New York passed General Obligations Law section 5-903, which includes a notice requirement for provisions that automatically extend the term of an agreement for ‘service, maintenance or repair to or for any real or personal property’ for a period greater than one month in order for the provisions to be enforceable against the service recipient. The notice requirement mandates that the service provider issue notice to the service recipient of the existence of the auto-renewal provision at least fifteen days and no more than thirty days before the time when the service recipient must provide notice of its intent not to renew. I’ll email you the full text of the statute so you can take a look.”
So I’m assuming that Asimov’s daughters have learned that Trident had an automatic renewal of their contract representing Asimov (and his estate) and the daughters are objecting. But the decision suggests that if the law isn’t applicable, maybe Trident’s continued representation didn’t come under that “automatic” law thing.
Caveat: What you read above is my interpretation of something I know nothing about.