MOBIL OIL CORP. v. RUBENFELD


77 Misc.2d 962 (1974)

Mobil Oil Corporation, Appellant, v. Paul Rubenfeld, Respondent.

Supreme Court, Appellate Term, Second Department.

January 4, 1974


Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt & Fritz (Frederick J. Martin of counsel), for appellant. Anderson, Povman & Warren (Morton Povman of counsel), for respondent. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Charles A. LaTorella, Jr., and Peter A. Berkowsky of counsel), amicus curiae.

GROAT, P. J., and SCHWARTZWALD, J., concur.


Per Curiam.

Petitioner Mobil Oil Corporation brings this summary holdover proceeding to recover possession of a gasoline station from the respondent dealer, pursuant to a contractual option to terminate the lease and retail dealer agreement. Respondent alleges, as an affirmative defense, inter alia, that the petitioner sought to fix and control the retail price of gasoline through means of coercion, which took...

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