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United States Second Circuit

Giuffre Hyundai v. Hyundai Motor America, 13-1886

Summary judgment in favor of defendant in plaintiff's action seeking to enjoin the termination of plaintiff's automobile dealership contract is affirmed, where: 1) defendant terminated the contract after a New York State court concluded that the plaintiff had engaged in fraudulent, illegal, and deceptive business practices, a clear breach of the contract terms; 2) section 463 of the New York Vehicle and Traffic Law, which provides protections to motor vehicle franchisees in their dealings with automobile manufacturers, does not abrogate the common law with respect to incurable breaches of contract; and 3) the district court did not err in concluding that the breach here was incurable and that defendant was therefore entitled to terminate the contract immediately, notwithstanding the terms of the Vehicle and Traffic Law.

Appellate Information

  • Decided 06/25/2014
  • Published 06/25/2014


  • SACK


  • United States Second Circuit


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