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MP ASSOC. SUFFOLK, INC. v. AMERICANA PETROLEUM CORP.

33960/08.

39 Misc.3d 341 (2013)

957 N.Y.S.2d 849

2013 NY Slip Op 23018

MP ASSOCIATES SUFFOLK, INC., et al., Plaintiffs, v. AMERICANA PETROLEUM CORPORATION et al., Defendants. (Action No. 1.) AMERICANA PETROLEUM CORPORATION, Plaintiff, v. ER-HAL MANAGEMENT, Defendant. (Action No. 2.).

Supreme Court, Suffolk County.

January 17, 2013.

Attorney(s) appearing for the Case

Roe Taroff Taitz & Portman, LLP, Bohemia ( Steven Taitz and Linda Calder of counsel), for plaintiffs in action No. 1 and defendant in action No. 2. Law Offices of Robert G. Del Gadio, East Meadow ( Robert G. Del Gadio and Frank Corso of counsel), for Americana Petroleum Corporation, defendant in action No. 1 and plaintiff in action No. 2.

OPINION OF THE COURT

JOSEPH C. PASTORESSA, J.

A bench trial of action No. 1 was conducted before this court at which the court heard testimony from plaintiff Haluk Dincsalman, Erhan Kaatsiz, Bruce Vetri, and Frank Mascolo. Action No. 2 was resolved by stipulation. Based on the credible evidence adduced, including exhibits introduced into evidence and the parties stipulated facts, the court makes the following findings of fact and conclusions of law:

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