Statute · New York General Business Law

N.Y. Gen. Bus. Law § 199-l — Removal of certain actions and proceedings

N.Y. Gen. Bus. Law § 199-l

Type
Statute
Source
New York General Business Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 199-l. Removal of certain actions and proceedings. Where a proceeding is commenced to dispossess a dealer in a court which does not have jurisdiction to grant the relief provided in this article and the dealer demonstrates that he has a defense or counterclaim cognizable under this article, a…

Citator

N.Y. Gen. Bus. Law § 199-l — Removal of certain actions and proceedings is in force in the current edition of the Code, and nothing recorded condemns it.

§ 199-l. Removal of certain actions and proceedings. Where a proceeding is commenced to dispossess a dealer in a court which does not have jurisdiction to grant the relief provided in this article and the dealer demonstrates that he has a defense or counterclaim cognizable under this article, a court having such jurisdiction may remove the action to itself upon motion. Provided, however, that no such removal should be permitted where a federal or state court has already entered a final judgment on the franchise or possession issues and no stay order pending appeal has been filed and the proceeding is being commenced solely for the purpose of enforcing such judgment. No removal provided for herein shall serve to extend a franchisee's time to take certain actions provided for under state or federal law, including but not limited to the time within which to seek injunctive relief under the federal petroleum marketing practices act.