Empire Vision Center, Inc. v. Wilson

—Order unanimously reversed on the law without costs and motion granted. Memorandum: In this action to enforce a covenant not to compete contained in agreements between plaintiff and one of the defendants, defendants appeal from an order denying their motion for leave to amend their answers to assert an additional affirmative defense. The proposed affirmative defense alleges that the agreements establish a relationship in the nature of a franchise and that they are unenforceable because they do not comply with the requirements of General Business Law article 33 (the Franchise Sales Act). We…