KARA HOLDING CORP. v. GETTY PETROLEUM MARKETING

No. 99 Civ. 0275(RWS).

67 F.Supp.2d 302 (1999)

KARA HOLDING CORP., Plaintiff, v. GETTY PETROLEUM MARKETING, INC., Getty Properties Corp., Getty Realty Corp., Leemilt's Petroleum Inc., and The Tyree Organization Ltd., Defendants.

United States District Court, S.D. New York.

September 22, 1999.


Attorney(s) appearing for the Case

Kaming & Kaming, New York City by Joseph S. Kaming, Elizabeth C. Kaming, Sean O'Donnell, of counsel, for plaintiff.

Law Offices of Robert G. Del Gadio, Uniondale, NY by Lawrence S. Novak, of counsel, for defendants.


OPINION

SWEET, District Judge.

Defendants Getty Petroleum Marketing, Inc. ("Getty Petroleum"), Getty Properties Corp. ("Getty Properties"), and Getty Realty Corp. ("Getty Realty") (collectively, "Getty"), as well as Leemilt's Petroleum, Inc. ("Leemilt's"), and The Tyree Organization, Ltd. ("Tyree") have moved pursuant to Rules 12(b)(1), 12(b)(6), and 56(b) of the Federal Rules of Civil Procedure to dismiss the complaint in this action. For the reasons...

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