MOBIL OIL CORP. v. BALIKO


192 A.D.2d 450 (1993)

597 N.Y.S.2d 15

Mobil Oil Corporation, Appellant, v. Bruce C. Baliko et al., Respondents, et al., Defendants, et al., Counterclaim Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 22, 1993


The IAS Court correctly found issues of fact as to whether plaintiff complied with various requirements of the Petroleum Marketing Practices Act (PMPA; 15 USC § 2801 et seq.). Given these issues of fact, it was a proper exercise of discretion to grant defendants' motion for a preliminary injunction, the standard of proof for such relief under the PMPA being less stringent than is ordinarily the case, requiring only that the balance of hardship tip in the franchisee...

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