Arthur Glick Truck Sales Inc. v. Hyundai Motor America

Automaker Granted Judgment on ADDCA, Dealer Act Claims Over Dealership's Transfer

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OPINION AND ORDER Arthur Glick Truck Sales, Inc. (“Plaintiff” or “Glick”) initiated this action against Hyundai Motor America (“Defendant” or “HMA”) on February 11, 2022, asserting the following claims for relief: (1) violation of Federal Automobile Dealers’ Day in Court Act (“ADDCA”), 15 U.S.C. §1222 et seq.; (2) violation of the Franchised Motor Vehicle Dealer Act, New York Veh. & Traf. Law (“VTL”) §§460-473 (the “Dealer Act”); and (3) breach of contract. (Doc. 1, “Compl.”). Defendant filed its answer on March 25, 2022, and the parties thereafter engaged in discovery, which was extended multiple times, pursuant to a Civil Case Plan and Scheduling Order (Doc. 18; Doc. 21; Doc. 27; Doc. 30; Doc. 33; Doc. 36). Defendant served its motion for summary judgment in accordance with the briefing schedule set by the Court. (Doc. 45; Doc. 46; Doc. 47, “Def. Br.”; Doc. 48, “Sullivan Decl.”; Doc. 49).¹ Plaintiff opposed Defendant’s motion (Doc. 50; Doc. 51, “Pl. Br.”), and the motion was fully briefed with the filing of Defendant’s reply papers (Doc. 52, “Reply”; Doc. 53). Defendant filed a revised Rule 56.1 Statement with Plaintiff’s responses thereto on October 2, 2023, in accordance with the Court’s directive. (Doc. 54; Doc. 55; Doc. 56, “56.1″).² For the reasons set forth below, Defendant’s motion for summary judgment is GRANTED in part and DENIED in part. BACKGROUND The Court recites the facts herein only to the extent necessary to adjudicate the extant motion for summary judgment and draws them from the pleadings, Defendant’s Rule 56.1 Statement and Plaintiff’s responses thereto, and the admissible evidence proffered by the parties. Unless otherwise indicated, the facts cited herein are undisputed. HMA manufactures vehicles for the consumer-oriented passenger vehicle market, including sport utility vehicles, crossover vehicles, sedans, and compact cars. (Compl.

7-8). Plaintiff’s business is to sell vehicles and is principally owned by Arthur Glick. (Id.

Arthur Glick Truck Sales Inc. v. Hyundai Motor America

Automaker Granted Judgment on ADDCA, Dealer Act Claims Over Dealership's Transfer

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