Legal Opinion
A.J. Temple Marble & Tile, Inc. v. Union Carbide Marble Care, Inc.
New York Court of Appeals
Decided February 13, 1996PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Levtne, J.
This appeal concerns the scope of section 691 (3) of the General Business Law, which imposes joint and several liability on certain persons for fraudulent activities in connection with the registration, sale and promotion of franchises. The specific issue raised is whether that section imposes liability on the franchisor’s officers, directors and other persons who directly or indirectly control the franchisor without regard to whether their actions "materially aided” the statutory violations.
In the late 1980s, Union Carbide Chemicals and Plastics (UCC & P), a…
2Cases cited13 opinions
- People v. GrahamNew York Court of Appeals · 1982
- People v. FelixNew York Court of Appeals · 1983
- Carr v. New York State Board of ElectionsNew York Court of Appeals · 1976
- Farley v. HensonCourt of Appeals for the Eighth Circuit · 1993
- In Re the Accounting of Chemical Bank & Trust Co.New York Court of Appeals · 1938
8 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Schwartzco Enterprises LLC v. TMH Management, LLCDistrict Court, E.D. New York · 2014
- Cook v. Little Caesar Enterprises, Inc.District Court, E.D. Michigan · 1997
- Bonded Concrete, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
- Matter of T-Mobile Northeast, LLC v. DeBellisNew York Court of Appeals · 2018
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesAppellate Division of the Supreme Court of the State of New York · 2011
36 more not listed; retrieve them via the Exa API.