A. Tarricone, Inc. v. 980 Washington Street Corp.

Appellate Terms of the Supreme Court of New York

A. Tarricone, Inc. v. 980 Washington Street Corp.

169 Misc. 2d 1072, 653 N.Y.S.2d 800, 1996 N.Y. Misc. LEXIS 527

Appellate Terms of the Supreme Court of New York·Decided September 26, 1996·Published

Opinion

[1073] OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed without costs and petition dismissed.

While consignees may not be protected under the Federal Petroleum Marketing Practices Act (15 USC § 2801 et seq.), which defines a protected retailer as a person "who purchases motor fuel for sale to the general public” (15 USC § 2801 [7] [emphasis added]; see, Miller v W.H. Bristow, Inc., 739 F Supp 1044), such consignees are protected under New York’s motor fuel franchises law (General Business Law § 199-a) where they are franchisees and not mere employees of the distributor (see, Johnson v Mobil Oil Corp., 553 F Supp 195). Inasmuch as tenant is such a franchisee, it was entitled to the 10-day notice to cure provided for in General Business Law § 199-c (3) and landlord’s failure to afford tenant this notice is fatal to the maintenance of this proceeding.

DiPaola, P. J., Ingrassia and Floyd, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[1073] OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed without costs and petition dismissed.

While consignees may not be protected under the Federal Petroleum Marketing Practices Act (15 USC § 2801 et seq.), which defines a protected retailer as a person "who purchases motor fuel for sale to the general public” (15 USC § 2801 [7] [emphasis added]; see, Miller v W.H. Bristow, Inc., 739 F Supp 1044), such consignees are protected under New York’s motor fuel franchises law (General Business Law § 199-a) where they are franchisees and not mere employees of the distributor (see, Johnson v Mobil Oil Corp., 553 F Supp 195). Inasmuch as tenant is such a franchisee, it was entitled to the 10-day notice to cure provided for in General Business Law § 199-c (3) and landlord’s failure to afford tenant this notice is fatal to the maintenance of this proceeding.

DiPaola, P. J., Ingrassia and Floyd, JJ., concur.

A. Tarricone, Inc. v. 980 Washington Street Corp., 169 Misc. 2d 1072, 653 N.Y.S.2d 800, 1996 N.Y. Misc. LEXIS 527 (N.Y. Ct. App. 1996).

Pincite

169 Misc. 2d 1072 (A. Tarricone, Inc. v. 980 Washington Street Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related