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VAN WIE CHEVROLET, INC. v. GENERAL MOTORS, LLC

788 CA 15-00219.

145 A.D.3d 1 (2016)

2016 NY Slip Op 06583

38 N.Y.S.3d 662

VAN WIE CHEVROLET, INC., Doing Business as EVANS CHEVROLET, Respondent-Appellant, v. GENERAL MOTORS, LLC, Appellant-Respondent, et al., Defendant. (Appeal No. 3.).

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

Decided October 7, 2016.

Attorney(s) appearing for the Case

Lavin, O'Neil, Cedrone & DiSipio, New York City (John J. O'Donnell, of the Pennsylvania bar, admitted pro hac vice, of counsel), for defendant-appellant-respondent.

Bressler, Amery & Ross, New York City (Eric L. Chase of counsel), and Rivette & Rivette, P.C., Syracuse, for plaintiff-respondent-appellant.

PERADOTTO, LINDLEY, CURRAN and TROUTMAN, JJ. concur.

OPINION OF THE COURT

I.

The primary issue raised on this appeal is whether defendant, General Motors, LLC (GM), violated Vehicle and Traffic Law § 463 (2) (ff) (1) when it approved the relocation request of a Chevrolet dealer in the Syracuse area, but failed to give notice thereof to plaintiff, Van Wie Chevrolet...

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