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PARACO GAS OF NY, INC. v. COLONIAL COAL YARD, INC.

6561/2008.

2008 NY Slip Op 51325 (U)

PARACO GAS OF NEW YORK, INC., Plaintiff, v. COLONIAL COAL YARD, INC., COLONIAL PROPERTIES SAUGERTIES, LLC, SAUGERTIES TERMINALS LLC, MORGAN FUEL & HEATING CO, INC., D/B/A BOTTINI FUEL, HOWARD LEACH, MATTHEW A. LEACH, PATRICK J. LEACH, MICHAEL C. LEACH, TIMOTHY C. LEACH, HF & MDL ASSOCIATES, LLC, and "JOHN DOE" and "JANE DOE" being fictitious names, Defendants.

Supreme Court of the State of New York, Westchester County.

Decided July 2, 2008.

Attorney(s) appearing for the Case

DeIorio Law Firm, LLP, By: Howard B. Cohen, Esq., Rye Brook, New York, Attorneys for Plaintiff.

HISCOCK & BARCLAY, LLP, By: Jon P. Devendorf, Esq., John M. Nichols, Esq., Syracuse, New York, Attorneys for Defendants Colonial Coal Yard, Inc., Colonial Properties Saugerties, LLC, Howard Leach, Matthew A. Leach, Patrick J. Leach, Michael C. Leach, Timothy C. Leach and HF & MDL Associates, LLC.

WICHLER & GOBETZ, P.C., By: Kenneth C, Gobetz, Esq., Suffern, New York, Larchmont, New York, Attorneys for Defendants Morgan Fuel & Heating Co., Inc. and Saugerties Terminal LLC.

ALAN D. SCHEINKMAN, J.

Plaintiff Paraco Gas of New York, Inc. ("Paraco") moves for a preliminary injunction, seeking to prevent Defendants from engaging in certain competitive acts, including, especially, the operation of propane plants on property located in Saugerties and Tannersville, New York, in Ulster County (Seq. No. 2)1. Defendants move to change the venue of this action to Ulster County. (Seq. Nos. 3,5).

The motion to...

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