Mercer v. Pal Energy Corp.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, James C. Mercer, commenced this action against defendant, Pal Energy Corporation (Pal Energy), alleging that Pal Energy had breached the terms of an exclusive gasoline supply agreement, pursuant to which Pal Energy agreed to supply Mercer’s convenience store/gas stations with gasoline at Pal Energy’s “lowest acquisition cost” plus agreed upon premiums, and to provide marketing services to Mercer. Supreme Court erred in granting the motion of Pal Energy for…