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FRANCHISE LAW

54

471-b. Judicial review

A decision of the presiding officer under section four hundred

seventy-one-a of this article shall be subject to review by the

supreme court in the manner provided by article seventy-eight

of the civil practice law and rules.

472. Separability

If any part or provision of this article or the application

thereof to any person or circumstance be adjudged invalid

by any court of competent jurisdiction, such judgment

shall be confined in its operation to the part, provision or

application directly involved in the controversy in which

such judgment shall have been rendered and shall not affect

or impair the validity of the remainder of this article or the

application thereof to other persons or circumstances.

473. Savings clause

Nothing in this article shall prohibit, limit, restrict or impose

conditions on:

1. The business activities (including, without limitation,

the dealings with motor vehicle manufacturers and their

representatives and affiliates) of any person that is primarily

engaged in the business of rental of motor vehicles and

industrial and construction equipment and activities

incidental to that business provided that (a) any motor

vehicles sold by such person are limited to usedmotor vehicles

that have been previously used exclusively and regularly by

such person in the conduct of business and used motor

vehicles traded in on motor vehicles sold by such person,

(b) warranty repairs performed by such person on motor

vehicles are limited to those motor vehicles that it owns,

previously owned or takes in trade, and (c) motor vehicle

financing provided by such person to retail consumers for

motor vehicles is limited to vehicles sold by such person in

the conduct of business; or

2. The direct or indirect ownership, affiliation or control of a

person described in subdivision one of this section.