PROTTER v. NATHAN'S FAMOUS SYS., INC.


246 A.D.2d 585 (1998)

667 N.Y.S.2d 301

Erwin Protter et al., Respondents, v. Nathan's Famous Systems, Inc., et al., Appellants

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

January 20, 1998


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the defendants' motion to dismiss the second cause of action is granted, and the complaint is dismissed in its entirety.

The claims of the plaintiff franchisee alleging fraud and violation of General Business Law article 33, commonly referred to as the New York State Franchise Sales Act (hereinafter the Franchise Act), are time barred pursuant to a provision of the...

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