Giuffre Hyundai, Ltd. v. Hyundai Motor America, Inc., No. 13-1886 (2d Cir. 2014)
Annotate this CaseGiuffre, an authorized dealer of Hyundai automobiles under a contract with that company's domestic affiliate (HMA), filed suit against HMA seeking to enjoin termination of the contract. HMA terminated its contract with Giuffre after a state court concluded that the dealer had engaged in fraudulent, illegal, and deceptive business practices - a clear breach of the contract terms. The district court granted summary judgment in favor of HMA, concluding that the breach was incurable and that HMA was entitled to terminate the contract immediately, notwithstanding the terms of section 463 of the New York Vehicle and Traffic Law. The court affirmed, concluding that section 463 did not abrogate the common law with respect to incurable breaches of contract.
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