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TOM RICE BUICK-PONTIAC v. GENERAL MOTORS CORP.

Docket No. 06-5247-cv.

551 F.3d 149 (2008)

TOM RICE BUICK-PONTIAC, GMC Truck, Inc., Garsten Motors, Inc., doing business as Apple Chevrolet, Bright Bay GMC Trucks, Inc., Cars Unlimited of Suffolk LLC, doing business as Nesenger 112 Chevrolet, Garden Buick, Inc., Kayson Chevrolet, Inc., Kurland Cadillac Oldsmobile-GMC, Inc., Manfredi Cadillac Oldsmobile, Inc., Smithtown Buick, Inc., Van Buren Buick Pontiac, Inc., Kinney Motors, Inc., doing business as Apple Chevrolet, M & S Chevrolet, Inc., M & S of Pawling, Inc., Woodbury Auto Park, Inc., Geiss Auto, Inc., Durfee Chevrolet-Oldsmobile-Geo, Inc., and Dobler Chevrolet, Inc., Plaintiffs, Fulton Chevrolet-Cadillac Co., Inc., Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 29, 2008.

Attorney(s) appearing for the Case

Itamar Yeger, Esq. (Leonard A. Bellavia, Barry M. Weiss, Bellavia Gentile & Associates, Mineola, NY, on the brief), for Plaintiff-Appellant.

James C. McGrath (Daniel L. Goldberg, Brandon L. Bigelow, Samuel R. Rowley, on the brief), Bingham McCutchen LLP, Boston, MA, for Defendant-Appellee.

John J. Sullivan (Carl J. Chiappa, on the brief), Hogan & Hartson, LLP, New York, NY, for Amicus Curiae The Alliance of Automobile Manufacturers, in support of Defendant-Appellee.

Before: HALL, LIVINGSTON, GIBSON, Circuit Judges.

LIVINGSTON, Circuit Judge:

New York Vehicle and Traffic Law § 465 requires automobile manufacturers to honor warranty agreements with customers and to compensate franchised dealers for labor and parts associated with warranty repair services at a rate that "shall not be less than the price and rate charged by the franchised motor vehicle dealers in the community or marketing area for like services to non-warranty and/or non-service contract customers, provided...

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