Mobil Oil Corporation v. Burdo

In Mobil Oil Corporation v. Burdo, (69 Misc 2d 153 [Suffolk Dist Ct 1972]), the Suffolk County District Court entered a judgment of eviction for a petitioner under circumstances similar to the case before this court. The petitioner in that summary proceeding alleged that the respondent had violated state law by combining regular and premium grades of gasoline. The court found that the petitioner had proved that the respondent violated state law by combining the two grades, and that such violation of law was also a violation of the lease. The court found that the mixing of the two grades could be punishable as a misdemeanor, and that the respondent's actions could be "a basis for further criminal action," and found that petitioner had established the violation of law. Id. at 156.) Accordingly, it granted the petitioner's request for a termination of the lease.