The court erred in dismissing plaintiff's claims pursuant to General Business Law §§ 683 and 687 on the ground that the disclaimers at issue fell outside the ambit of those disclaimers barred by General Business Law § 687 (4) and (5) because they were not contained in a mere boilerplate section of the parties' franchise agreement. Similarly, defendants' affirmative defenses should be dismissed to the extent that they rely on waivers barred by the Franchise...
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