MEMORANDUM & ORDER
SEYBERT, District Judge:
Plaintiff Sunoco, Inc. (R & M) ("Plaintiff" or "Sunoco") commenced this action on May 12, 2011 against Defendant 175-33 Horace Harding Realty Corp. ("Defendant" or "Horace Harding") asserting claims for breach of contract, declaratory judgment, and violation of the New York Navigation Law. Defendant answered and filed counterclaims for breach of contract, indemnification, and violation of the New...
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