§ 199-A Definitions
§ 199-B Disclosures to prospective dealers
§ 199-C Termination or refusal to renew a franchise without good cause prohibited; notice requirement; right of action
§ 199-D Repurchase of merchandise
§ 199-E Waiver provisions
§ 199-F Application
§ 199-G Arbitration
§ 199-H Relationship to other laws
§ 199-I Dealers’ rights to transfer, assign or dispose of the franchise upon notice to distributor
§ 199-J Dealer’s right to deal with suppliers other than his distributor
§ 199-K Separability
§ 199-L Removal of certain actions and proceedings
§ 199-M Dealers’ rights of association
§ 199-N Enforcement of dealers’ rights of association; injunction; damages; limitation of actions

Terms Used In New York Laws > General Business > Article 11-B - Franchises for the Sale of Motor Fuels

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Chief elected official: shall mean the chief executive officer of a municipality, or if there is none, any other officer possessing similar powers and duties. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • commission: shall mean the Niagara river greenway commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • commission: shall mean the Michigan Street African American Heritage Corridor commission created pursuant to this article. See N.Y. Parks, Recreation and Historic Preservation Law 41.03
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person engaged in the retail sale of motor fuels for use in motor vehicles under a franchise entered into with a distributor. See N.Y. General Business Law 199-A
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Distributor: means any person engaged in the sale, consignment, or distribution of motor fuels to dealers. See N.Y. General Business Law 199-A
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Franchise: means any agreement between a distributor and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark, or other identifying symbol or name owned by the distributor, or to which the distributor has the right to authorize the use thereof, and is furnished by the distributor with products to be sold at retail under such trademark, trade name, service mark, or other identifying symbol or name or any agreement between a distributor and a dealer under which the dealer is granted the right to occupy or use premises or facilities owned, leased, or controlled by the distributor, for the purpose of engaging in the retail sale of motor fuels of the distributor, provided that an agreement by one distributor to lease premises or facilities to another distributor shall not constitute a franchise. See N.Y. General Business Law 199-A
  • greenway: shall mean a linear system of state and local parks and conservation areas linked by a network of multi use trails within the greenway area established by an approved plan of the commission as provided for in this article. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • heritage corridor: shall mean the preservation corridor located between Broadway, Eagle, Elm and Nash to William street, William street (east) to Pine street, and Pine street (south) to Eagle street in downtown Buffalo including structures, such as the J. See N.Y. Parks, Recreation and Historic Preservation Law 41.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Municipality: means a county, city, town, village or local public benefit corporation located adjacent to the Niagara river. See N.Y. Parks, Recreation and Historic Preservation Law 39.03
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: shall mean a document prepared in conformance with the provisions of section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Retail: means the sale of motor fuels to the consuming public for the purposes other than resale. See N.Y. General Business Law 199-A
  • Service Station: means any premises whereon the retail sale of motor fuels is conducted as the principal business. See N.Y. General Business Law 199-A
  • State agency: shall mean any state department, agency, board or commission of the state, or a public benefit corporation or public authority at least one of whose members is appointed by the governor. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • System: means the New York system of heritage areas established pursuant to section 35. See N.Y. Parks, Recreation and Historic Preservation Law 31.01
  • Venue: The geographical location in which a case is tried.