In a case brought by a car dealer against a car manufacturer in a dispute over defendant's performance standards, vehicle allocation system and purported unlawful modification of a franchise agreement, alleging contract and New York Dealer Act claims, the district court's grant of summary judgment to defendant is: 1) reversed when defendant’s performance standard is unreasonable under section 463(2)(gg) of the Dealer Act; 2) vacated when the district court’s decision in favor of defendant does not determine whether the modification was unfair under section 463(2)(ff) of the Dealer Act , and 3) remanded for further proceedings.