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TYNAN v. GENERAL MOTORS CORP.

248 N.J. Super. 654 (1991)

591 A.2d 1024

LAWRENCE F. TYNAN, L.T. CHEVROLET & OLDS, INC., AND TOWNE CHEVROLET, INC., PLAINTIFFS-APPELLANTS, v. GENERAL MOTORS CORPORATION, DEFENDANT-RESPONDENT, AND J & B CHEVROLET AND OLDS, INC., AND R.W. EMERICK, JR. AND FOUR (4) JOHN DOES, BEING THE FICTITIOUS NAMES OF EMPLOYEES AND AGENTS OF GENERAL MOTORS CORPORATION AND ITS DIVISIONS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1991.

Attorney(s) appearing for the Case

S.M. Chris Franzblau argued the cause for appellants (Greenberg Margolis, attorneys; Kenneth K. Lehn and S.M. Chris Franzblau, on the brief).

Michael S. Waters argued the cause for respondent (Carpenter, Bennett & Morrissey, attorneys; Michael S. Waters and John P. Dwyer, of counsel; Stephen F. Payerle, on the brief).

Wilentz, Goldman & Spitzer, submitted a brief on behalf of amicus curiae New Jersey Automobile Dealers Association (Marvin J. Brauth, of counsel and on the brief; Kenneth M. Denti, on the brief).

Before Judges KING, R.S. COHEN and STERN.

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

The principal issue on this appeal is whether a contract purchaser of an existing automobile franchise is a "franchisee" entitled to the protection of the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1 to -15 (the Act). In granting summary judgment for defendants, Judge Russell answered in the negative. She concluded that plaintiff, Laurence Tynan (Tynan), was not a "franchisee" within the meaning...

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