GETTY PROPERTIES CORP. plf-res, v. GETTY PETROLEUM MARKETING INC., def, 1314 SEDGWICK AVE. LLC defap

9972-9973-9974-9975-9975A. GETTY PROPERTIES CORP. plf-res, v. GETTY PETROLEUM MARKETING INC., def, 1314 SEDGWICK AVE. LLC defap — White & Wolnerman, PLLC, New York (Randolph E. White of counsel), for ap — Rosenberg & Estis, P.C., New York (Michael E. Feinstein of counsel), for res — Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered on or about July 18, 2012, which denied defendants-appellants' motion to transfer this action to Nassau County, unanimously affirmed, without costs. Order, same court and Justice, entered July 6, 2012, which, insofar as appealed from as limited by the briefs, ordered 19 defendants to pay certain sums to plaintiffs, unanimously modified, on the facts, to delete defendant One Pleasantville Road LLC from Schedule 1, and otherwise affirmed, without costs. Judgment, same court and Justice, entered August 2, 2012, awarding plaintiffs certain sums, as well as immediate possession of certain sites, unanimously modified, on the facts, to delete the decretal paragraph awarding plaintiffs recovery from One Pleasantville Road LLC, and otherwise affirmed, without costs. Appeal from judgment, same court and Justice, entered July 26, 2012, dismissed, without costs, as superseded by the appeal from the August 2012 judgment. Appeal from supplemental order and judgment, same court and Justice, entered July 27, 2012, dismissed, without costs, as abandoned.

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9972-9973-9974-9975-9975A. GETTY PROPERTIES CORP. plf-res, v. GETTY PETROLEUM MARKETING INC., def, 1314 SEDGWICK AVE. LLC defap — White & Wolnerman, PLLC, New York (Randolph E. White of counsel), for ap — Rosenberg & Estis, P.C., New York (Michael E. Feinstein of counsel), for res — Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered on or about July 18, 2012, which denied defendants-appellants’ motion to transfer this action to Nassau County, unanimously affirmed, without costs. Order, same court and Justice, entered July 6, 2012, which, insofar as appealed from as limited by the briefs, ordered 19 defendants to pay certain sums to plaintiffs, unanimously modified, on the facts, to delete defendant One Pleasantville Road LLC from Schedule 1, and otherwise affirmed, without costs. Judgment, same court and Justice, entered August 2, 2012, awarding plaintiffs certain sums, as well as immediate possession of certain sites, unanimously modified, on the facts, to delete the decretal paragraph awarding plaintiffs recovery from One Pleasantville Road LLC, and otherwise affirmed, without costs. Appeal from judgment, same court and Justice, entered July 26, 2012, dismissed, without costs, as superseded by the appeal from the August 2012 judgment. Appeal from supplemental order and judgment, same court and Justice, entered July 27, 2012, dismissed, without costs, as abandoned.

Those defendants who were parties to subleases with defendant Getty Petroleum Marketing Inc. (GPMI) (the LLC defendants) were bound by the forum selection clause (naming New York County) in the master lease between GPMI and plaintiff Getty Properties Corp. (GPC) (see Mann Theatres Corp. of Cal. v. Mid-Island Shopping Plaza Co., 94 AD2d 466, 471 [2d Dept 1983], affd 62 NY2d 930 [1984]). The master lease also states that “all Subleases shall be subject and subordinate to the terms and conditions of this Restated Lease.”

GETTY PROPERTIES CORP. plf-res, v. GETTY PETROLEUM MARKETING INC., def, 1314 SEDGWICK AVE. LLC defap

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