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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