1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 11-B: Franchises For the Sale of Motor Fuels

Section 199-L Removal of certain actions and proceedings

General Business (GBS)

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.