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DUNKIN' DONUTS, INCORPORATED, Respondent, v. HWT ASSOCIATES, INC., et al., Appellants.

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and the plaintiff's motion is denied.

Contrary to the Supreme Court's determination, the affidavits and supporting exhibits submitted by the plaintiff were not sufficient to warrant granting it summary relief. We note that the plaintiff did not refute the defendants' specific allegations that it failed to make certain disclosures required by State law regarding franchises (see, General Business Law § 681 et seq.; 13 NYCRR 200.4 [c] [20] [iv], [v]). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.

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DUNKIN' DONUTS, INC. v. HWT ASSOCIATES, INC
(Jan 22, 1990)