NY Gen Bus L § 696-C (2021)
2021 New York Laws GBS - General Business Article 33-A - Dealer Agreements for the Sale of Farm Equipment 696-C - Termination and Non-Renewal of Dealer Agreements.

§  696-c.  Termination and non-renewal of dealer agreements. 1. Except where a grounds for termination or non-renewal of a dealer agreement are contained in paragraph (a), (b), (c), (d), (e) or (f) of subdivision two of this section, a supplier shall give a  dealer  ninety  days'  written notice  of  the  supplier's  intent  to terminate, cancel or not renew a dealer agreement. The contractual term of the dealer agreement shall not expire, without  the  written  consent  of  the  dealer,  prior  to  the expiration  of  at  least ninety days following such notice.  Nothing in this section shall prohibit a dealer from terminating a dealer agreement with cause provided, however, that the dealer  notify  the  supplier  in writing  at  least  ninety  days  prior  to  the  effective date of such termination with the reasons for such termination. This notice will  not apply for grounds of termination in following paragraphs (a) through (f) of subdivision two of this section.   2.  As  used  in this article, a termination by a supplier of a dealer agreement shall be with cause when the dealer has:  (a) transferred a controlling ownership  interest  in  the  dealership without the supplier's consent;  (b)  made  a  material  misrepresentation  in  applying for the dealer agreement;  (c) filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against  the  dealer  which  has  not  been discharged  within  sixty days after the filing; is in default under the provisions of a security agreement in effect with the  supplier;  or  is insolvent or in receivership;  (d)  been  convicted of a crime, punishable for a term of imprisonment for one year or more;  (e) failed to operate  in  the  normal  course  of  business  for  ten consecutive business days or has terminated said business;  (f)  Significantly  relocated  the  dealer's place of business without supplier's consent; or  (g) consistently engaged in business practices which  are  detrimental to  the  consumer  or  supplier  by way of excessive pricing, misleading advertising, failure to provide service and replacement parts or perform warranty obligations;  (h) inadequately represented supplier over a measured  period  causing lack  of  performance  in sales, service or warranty areas and failed to achieve market penetration at levels consistent  with  similary  located dealerships based on available recorded information compiled by industry associations  regarded as the authorities in this area both in local and national standards;  (i)  consistently   failed   to   meet   building   and   housekeeping requirements,  or has failed to provide adequate sales, service or parts personnel commensurate with the dealer agreement;  (j) consistently failed to comply with the applicable  licensing  laws pertaining  to  the  products  and services being represented for and on supplier's behalf;  (k) consistently failed to comply with the  terms  of  the  dealership agreement.   3.  No supplier shall base its decision to terminate, cancel or not to renew a dealer agreement on any of the paragraphs of subdivision two  of this  section  except  paragraph  (a), (b), (c), (d), (e) or (f) thereof unless such supplier can demonstrate, through written documentation, the alleged misconduct  and/or  lack  of  performance  by  the  dealer,  and furthermore,  such  supplier  shall  also  show  that the reason for the decision to terminate, cancel or not to renew the dealer  agreement  was in no way caused by such supplier.