franchise privilege in New York

2026Pursuant to General Business Law § 691(1), a person who offers or sells a franchise in violation of specified sections of the Franchise Sales Act "is liable to the person purchasing the franchise for damages" ( see Tyszka v Make & Take Holding, LLC , 72 AD3d 1620, 1621 ).

2026Pursuant to General Business Law § 691(1), a person who offers or sells a franchise in violation of specified sections of the Franchise Sales Act "is liable to the person purchasing the franchise for damages" ( see Tyszka v Make & Take Holding, LLC , 72 AD3d 1620, 1621 ).

2000(Temple Marble & Tile v Union Carbide Marble Care, 162 Misc 2d 941 .) It is significant that the Franchise Sales Act affords a statutory remedy to franchisees if the franchisor sells a franchise in violation of section 683.

1952Carrying on interstate commerce is a right under the Constitution and laws of the United States, not a franchise or privilege granted by the State (Crutcher v. Kentucky, 141 U. S. 47, 57 ; Western Union Tel.

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1952Co. v. Kansas, 216 U. S. 1 ), and a State may not exact a license as a prerequisite to the carrying on of such business (Crutcher v. Kentucky, supra; Adams Express Co. v. New York, 232 U. S. 14 ; Sprout v. South Bend, 277 U. S. 163 ; People v. Horton Motor Lines, 281 N. Y. 196, 203 ), or impose a tax on the privilege of engaging in such commerce (Sprout v. South Bend, supra; Interstate Transit, Inc., v. Lindsey, 283 U. S. 183 ; Dixie Ohio Co. v. Commission, 306 U. S. 72, 76 ), or require that a foreign corporation qualify to do business in the State as a condition of its right to sue in its co

1921Co., 133 N. Y. 79 .) In the present case the Legislature by grant gave certain rights and privileges in and over the lands under water, and it would seem as though these also should be protected against destruction without compensation.” It also determined that the condemnation in itself did not annul the so-called franchise for a violation of its conditions, but if such conditions had been violated, or there was a fair ground for such. a claim, that fact was proper to consider in determining what damage the plaintiff had sustained, and that the proper method of computing the damage, if the fr

1904(Potter v, Collis, supra, 31 .) They attempt to grant a right, which, if effective, operates to invest private parties with an exclusive interest in the streets of Brooklyn (Potter v. Collis, supra), and to empower them to make use of this property held in trust for the public, not for the general convenience of the People, but for a limited number, of people within a limited district, and with no obligation on the part of the relators, so far as appears, to furnish all of the people, even in the locality of its plant.

1904(Potter v, Collis, supra, 31 .) They attempt to grant a right, which, if effective, operates to invest private parties with an exclusive interest in the streets of Brooklyn (Potter v. Collis, supra), and to empower them to make use of this property held in trust for the public, not for the general convenience of the People, but for a limited number, of people within a limited district, and with no obligation on the part of the relators, so far as appears, to furnish all of the people, even in the locality of its plant.

1888In People v. Railroad Co., 24 N. Y. 261 , the court say: “A company endowed with a franchise or privilege to maintain and operate a railroad on a fixed route, and between places - named in its charter, cannot exercise the franchise or privilege in the operation of a road upon another route, and between other places.