Tolland Getty, Inc. v. Getty Petroleum Co., 1993 WL 402802, CCH BFG 10,312 (D. Conn. 10-1-93)

Franchisor's motion to dismiss PMPA counts denied. Factual determination of whether franchisee's failure to pay was beyond the reasonable control of the plaintiff held not properly decidable on a motion to dismiss. Whether less than 90 days notice was proper also cannot be decided when the grounds for termination create a factual dispute. Franchisee was not prejudiced by failure to be given Summary Statement because it was represented by counsel and aware of PMPA rights.