Opinion
November 18, 1993
Appeal from the Supreme Court, Bronx County (Lewis Friedman, J.).
The IAS Court recognized that after the expiration of their contract, the parties' conduct could have evidenced their mutual assent to a new contract embracing the same provisions and terms as their prior contract, since it is well settled in New York that "[w]hen an agreement expires by its terms, if, without more, the parties continue to perform as theretofore, an implication arises that they have mutually assented to a new contract containing the same provisions as the old" (Martin v Campanaro, 156 F.2d 127, 129, cert denied 329 U.S. 759, citing, inter alia, New York Tel. Co. v Jamestown Tel. Corp., 282 N.Y. 365). Plaintiff's attempt to avoid the volume based reduction of fee is therefore rejected.
We have reviewed the plaintiff's remaining claims and find them to be without merit.
Concur — Wallach, J.P., Kupferman, Ross, Kassal and Nardelli, JJ.