Zipper v. Sun Co., Inc.

MEMORANDUM AND ORDER

GLEESON, District Judge:

Plaintiff Saul Zipper asserts claims under Title I of the Petroleum Marketing Practices Act (“the PMPA”), 15 U.S.C. § 2801 et seq., and related claims for breach of contract, fraudulent misrepresentation and declaratory judgment. He seeks damages and an order voiding the cancellations of two petroleum franchise stations in Brooklyn, one on Flat-lands Avenue and one on Remsen Avenue. Sun Company, Inc. (R & M) (“defendant” or “Sun”), in its answer, submitted 19 affirmative defenses and 6 counterclaims, most of which are not germane to the present…