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VW CREDIT, INC. v. COAST AUTO. GROUP, LTD.

787 A.2d 951 (2002)

346 N.J. Super. 326

VW CREDIT, INC., Plaintiff-Respondent, v. COAST AUTOMOTIVE GROUP, LTD., d/b/a TSE Motor Cars d/b/a TSE Volkswagen, d/b/a TSE Audi, d/b/a TSE Porsche d/b/a TSE Mercedes-Benz, d/b/a TSE Saab, Shansab Enterprises, Inc., Shansab Realty, INC., Tamin Shansab, Nasir Shansab and Yama Shansab, Defendants-Respondents, and Tamin Shansab, Shansab Enterprises, Inc., Shansab Realty, Inc., Defendants/ Third Party Plaintiffs-Respondents, v. John Liephart, Third-Party Defendant, and Volkswagen of America, Audi of America, Third-Party Defendants-Appellants, and Aspen Knolls Automotive Group, LLC, as successor in interest to B & S Lender, LLC, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 2002.

Attorney(s) appearing for the Case

William E. Reifsteck, Mt. Laurel, argued the cause for appellants (Capehart & Scatchard, attorneys; Mary Ellen E. Schetter, on the brief).

Geoffrey J. Hill, Woodcliff Lake, argued the cause for respondents, Coast Automotive Group, Shanshab Enterprises, Inc., Shanshab Realty, Inc., and Tamin Shanshab (Richard S. Mazawey attorneys; Mr. Hill on the brief).

George R. Hirsch, Florham Park, argued the cause for intervenor-respondent (Bressler, Amery & Ross, attorneys; Mr. Hirsch on the brief).

Respondent VW Credit, Inc. has not submitted a brief.

Before Judges BAIME, NEWMAN and FALL.

The opinion of the court was delivered by NEWMAN, J.A.D.

The primary issue in this appeal concerns the refusal of a franchisor to consent to the franchisee's transfer of the franchises, N.J.S.A. 56:10-6, and the consequences when that consent is found by a court to be unreasonably withheld. We conclude that the Franchise Practices Act, in particular N.J.S.A. 56:10-6, contemplates that the remedy of specific...

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