BECK v. GENERAL MOTORS

No. 48

27 N.Y.3d 379 (2016)

53 N.E.3d 706

33 N.Y.S.3d 829

2016 NY Slip Op 03412

BECK CHEVROLET CO., INC., Appellant, v. GENERAL MOTORS LLC, Respondent.

Court of Appeals of New York.

Decided May 3, 2016.


Attorney(s) appearing for the Case

Arent Fox LLP, New York City ( Russell P. McRory , James M. Westerlind and Michael P. McMahan of counsel), for appellant.

Seyfarth Shaw LLP, Boston Massachusetts ( James C. McGrath , of the Massachusetts bar, admitted pro hac vice, and Katherine R. Moskop , of the Massachusetts bar, admitted pro hac vice, of counsel), for respondent.

Putney, Twombly, Hall & Hirson LLP, New York City ( Philip H. Kalban of counsel), for Greater New York Automobile Dealers Association, Inc., amicus curiae.

Bressler, Amery & Ross, P.C., New York City ( Eric L. Chase of counsel), for Van Wie Chevrolet, Inc., doing business as Evans Chevrolet, amicus curiae.

Bellavia Blatt & Crossett, P.C., Mineola ( Leonard A. Bellavia and Shaun M. Malone of counsel), for New York State Automobile Dealers Association, amicus curiae.

Hogan Lovells US LLP, New York City ( John J. Sullivan of counsel), for Alliance of Automobile Manufacturers and another, amici curiae.

Chief Judge DiFIORE and Judges ABDUS-SALAAM, STEIN and FAHEY concur; Judge PIGOTT dissents in part in an opinion; Judge GARCIA taking no part.


OPINION OF THE COURT

The United States Court of Appeals for the Second Circuit certified to this Court questions requiring our interpretation of two provisions of New York's Franchised Motor Vehicle Dealer Act (Dealer Act), codified at Vehicle and Traffic Law § 460 et seq. The first question concerns the propriety...

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