Powell v. Midas Realty Corp.

Appellate Division of the Supreme Court of New York

Powell v. Midas Realty Corp.

247 A.D.2d 916, 668 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 1262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 1998

StatusPublished

This text of 247 A.D.2d 916 (Powell v. Midas Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Powell v. Midas Realty Corp., 247 A.D.2d 916, 668 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 1262 (N.Y. Ct. App. 1998).

Pincite

Opinion

Order insofar as appealed from unanimously reversed on the law without costs, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ cross motion for summary judgment dismissing the complaint. The return of plaintiff’s deposit was sufficient to terminate the franchise application agreement under section 7A of that agreement. (Appeal from Order of Supreme Court, Chautauqua County, Ward, Jr., J.— Summary Judgment.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.

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Order insofar as appealed from unanimously reversed on the law without costs, cross motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ cross motion for summary judgment dismissing the complaint. The return of plaintiff’s deposit was sufficient to terminate the franchise application agreement under section 7A of that agreement. (Appeal from Order of Supreme Court, Chautauqua County, Ward, Jr., J.— Summary Judgment.)

Present — Denman, P. J., Pine, Hayes, Balio and Boehm, JJ.

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Bluebook (online)

247 A.D.2d 916, 668 N.Y.S.2d 534, 1998 N.Y. App. Div. LEXIS 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-midas-realty-corp-nyappdiv-1998.