B&R MANAGEMENT & LEASING CORPORATION v. TRIARC RESTAURANT GROUP, ARBY'S, INC.


269 A.D.2d 804 (2000)

703 N.Y.S.2d 635

B&R MANAGEMENT & LEASING CORPORATION, Respondent, v. TRIARC RESTAURANT GROUP, ARBY'S, INC., Appellant.

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

Decided February 16, 2000.


Order unanimously reversed on the law without costs, plaintiff's motion denied, injunction vacated, defendant's motion granted and complaint dismissed.

Memorandum:

Plaintiff operates restaurants in New York pursuant to franchise or license agreements between it and defendant, the Florida-headquartered franchiser. Contending that plaintiff had reneged on its promise to make contractually-fixed contributions on behalf of four of its franchises to an area advertising...

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