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MAXON v. FRANKLIN TRAFFIC SERVICE, INC.

261 A.D.2d 830 (1999)

689 N.Y.S.2d 559

JOHN M. MAXON, Doing Business as TRANSAVER, Respondent-Appellant, v. FRANKLIN TRAFFIC SERVICE, INC., et al., Appellants-Respondents. (Action No. 1.) FRANKLIN TRAFFIC SERVICE, INC., Appellant-Respondent, v. JAMES W. McDONOUGH, Respondent-Appellant. (Action No. 2.)

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

Decided May 7, 1999.

Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: John M. Maxon, doing business as Transaver (Maxon), the plaintiff in action No. 1, entered into franchise agreements with Franklin Traffic Service, Inc. (FTS), a defendant in action No. 1 and the plaintiff in action No. 2, to provide shipping and freight management services to businesses. Maxon commenced action No. 1 when FTS threatened...

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