New York Laws
Article 11-B - Franchises for the Sale of Motor Fuels
199-I - Dealers' Rights to Transfer, Assign or Dispose of the Franchise Upon Notice to Distributor.

(b) In the event that the distributor has timely objected to the
designated successor, the personal representative or next-of-kin of the
deceased dealer may, within sixty days from receipt by the designated
successor of the notice of disapproval, elect to transfer or assign the
franchise in accordance with the provisions of subdivision one of this
section. Such an election shall be made by giving written notice to the
distributor of the election within twenty days after the receipt by the
designated successor of the notice of disapproval. Written notice shall
be given to the distributor of the intention to transfer or assign the
franchise in accordance with the provisions of subdivision one of this
section prior to the expiration of such sixty day period. Pending such
a transfer or assignment, the distributor may assume full operation of
the franchise for its own account, in which event it shall account to
the personal representative of the deceased dealer for any inventory,
assets and personal property of any kind on the premises at the time the
distributor accepts possession of the franchise.
(c) In the event that the deceased dealer has not designated a
successor or the designated successor has not elected to assume and
operate the franchise, the personal representative or next-of-kin of the
deceased dealer may, within one hundred twenty days after the dealer's
death, elect to transfer the franchise in accordance with the provisions
of subdivision one of this section. Such an election shall be made by
giving written notice to the distributor of such an election within
twenty days after the dealer's death. Written notice shall be given to
the distributor of the intention to transfer or assign the franchise in
accordance with the provisions of subdivision one of this section prior
to the expiration of such one hundred twenty day period. Within twenty
days after the dealer's death, the personal representative or
next-of-kin shall also give written notice to the distributor concerning
what arrangements have been made for the operation of the franchise
pending the transfer or assignment. Pending such a transfer or
assignment, the distributor may elect to assume full operation of the
franchise for its own account, in which event it shall account to the
personal representative of the deceased dealer for any inventory, assets
and personal property of any kind on the premises at the time the
distributor accepts possession of the franchise.
(d) No franchise by succession or assignment pursuant to this section
shall be valid unless and until the designated successor or assignee
agrees in writing to comply with all of the requirements of the
franchise and any other lease or agreement in connection therewith then
in effect.
3. This section shall not apply to any franchise until the dealer has
operated the service station pursuant to a franchise agreement with the
distributor for a continuous three year period, which period shall
include the term of any franchise in effect prior to or on the effective
date of this section and the term of any franchise transferred to a
designated successor pursuant to paragraph (a) of subdivision two
hereof.
4. Notice of transfer or assignment and notice of objections stating
the reasons therefor may be transmitted by any method of personal
service established under article three of the civil practice law and
rules, or by mailing same by certified or registered mail to the party
to be notified at their actual place of business. Notice by mailing

shall be deemed made when deposited in a post office or official
depository of the United States postal service.
5. Upon receipt of the written notice of objection with reasons
therefor, as provided in subdivisions one and two of this section, a
dealer, designated successor or the personal representative or
next-of-kin of the deceased dealer may bring an action against a
distributor in any court of competent jurisdiction for wrongfully
impeding the transfer or assignment of a franchise, provided that any
such action must be commenced within one year following receipt of such
notice of objection. The court, upon finding that the stated reasons for
objection are arbitrary, capricious or unreasonable, may award money
damages and grant such equitable relief as it deems proper.
6. In the event that any of the time periods referred to herein are
not met by a dealer, assignee, designated successor, personal
representative or next-of-kin, the franchise shall terminate.