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TEMPLE MARBLE & TILE v. UNION

162 Misc.2d 941 (1994)

618 N.Y.S.2d 155

A.J. Temple Marble & Tile, Inc., Plaintiff, v. Union Carbide Marble Care, Inc., et al., Defendants.

Supreme Court, New York County.

August 23, 1994

Attorney(s) appearing for the Case

Kaufmann, Feiner, Yamin, Gildin & Robbins, New York City (David J. Kaufmann of counsel), for defendants. Schader, Harrison, Segal & Lewis, New York City (W. Michael Garner of counsel), for plaintiff.

HERMAN CAHN, J.

Defendants move, pursuant to CPLR 3211 (a) (1), (5) and (7), to dismiss those portions of the complaint (first and second causes of action) alleging violations of the New York Franchise Sales Act (General Business Law § 680 et seq.; the Franchise Act), based upon:

(a) defendants' alleged representation that "a MarbleLife Franchise gave a franchisee the right to use the *...

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