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P & E PROPERTIES, INC. v. UNITED NATURAL FOODS

No. 08 Civ. 00553(MGC).

713 F.Supp.2d 262 (2010)

P & E PROPERTIES, INC., Plaintiff, v. UNITED NATURAL FOODS, INC., and Millbrook Distribution Services, Inc., Defendants.

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

May 12, 2010.

Attorney(s) appearing for the Case

Olshan Grundman Frome Rosenzweig & Wolosky LLP, by: Robert W. Sadowski, Esq., Peter M. Sartorius, Esq., New York, NY, for Plaintiff.

Covington & Burling LLP, by: Mark P. Gimbel, Esq., Mari K. Bonthuis, Esq., New York, NY, for Defendants.

OPINION

CEDARBAUM, District Judge.

P & E Properties, Inc. ("P & E") sues Millbrook Distribution Services, Inc. ("Millbrook") for breach of contract, and sues United Natural Foods, Inc. ("UNFI") for tortious interference with contract. The complaint alleges that Millbrook failed to pay management fees to P & E and also failed to reimburse P & E for extraordinary expenses.

P & E moves for summary judgment on its claims of...

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