Jurman v. Sun Co.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about August 8, 1997, which granted defendant’s cross motion for summary judgment dismissing the complaint and denied plaintiffs’ motion for class certification as moot, unanimously affirmed, without costs.

We agree that plaintiffs’ claims are preempted by the Petroleum Marketing Practices Act, Octane Disclosure (15 USC §§ 2821-2824) in that the preemption clause (15 USC § 2824 [a]) bans any State “provision of law or regulation” that is not the same as the Federal provisions (see, Pennzoil Co. v Carlson, 158 AD2d…