TAPPAN MOTORS, INC. v. VOLVO OF AM. CORP.


85 A.D.2d 624 (1981)

Tappan Motors, Inc., Respondent, v. Volvo of America Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1981


Judgment reversed, on the law and the facts, with costs, plaintiff's complaint is dismissed, the parties' "sales agreement" is declared terminated and defendants' counterclaim for money damages is reinstated and remitted to the Supreme Court, Westchester County, for trial.

Since November of 1960, Tappan Motors, Inc. (Tappan) has been a regularly franchised Volvo dealer. This franchise relationship was most recently reaffirmed in a contract, denominated a "sales agreement...

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