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


64 N.Y.2d 1116 (1985)

Tappan Motors, Inc., Appellant, v. Volvo of America Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided April 30, 1985.


Attorney(s) appearing for the Case

Julius W. Cohn for appellant.

Frederick L. Whitmer, pro hac vice, and William E. Brandon, P. C., for respondents.

Robert E. Helm and Matthew E. Moloshok for New York State Automobile Dealers, Inc., and another, amici curiae.

Chief Judge WACHTLER and Judges JASEN, SIMONS and KAYE concur; Judges MEYER and ALEXANDER dissent and vote to reverse upon the ground that the weight of the evidence more nearly comports with the findings made by Supreme Court in the original decision on the analysis advanced in the dissenting memorandum of Justice Vito J. Titone at the Appellate Division (, 626-633).


MEMORANDUM.

The Appellate Division order appealed from and the prior nonfinal Appellate Division order brought up for review should be affirmed, with costs (see, CPLR 5501 [b]).

Tappan Motors brought this action in November 1979 alleging that Volvo's threatened termination of its dealer franchise violated section 197 of the General Business Law, which prohibited such termination "except for cause."

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