Liberty Mutual Insurance Co. v. Ramada, Inc.

Full title: LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. RAMADA, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 15, 1994

202 A.D.2d 268 (N.Y. App. Div. 1994)

609 N.Y.S.2d 784

Opinion

March 15, 1994

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

Inasmuch as the franchise agreement authorized defendant's licensee to use an operating system developed by defendant, which, inter alia, requires the licensee to honor defendant's credit cards, refer room requests to the nearest of defendant's hotels, promote and encourage the use of defendant's hotels internationally, and allow for regular inspection of the licensed hotel, questions of fact exist as to the degree of control exercised by defendant over the licensee which preclude summary judgment (see, Ahmad v. Ennab, 158 A.D.2d 637, 638).

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Nardelli, JJ.