NEW YORK -- A lawsuit filed eight years ago against Sloan's Supermarkets, predecessor company to Gristede's Foods here, is scheduled for a pretrial conference today after the retailer's request for a summary judgment to dismiss the entire case was denied by a U.S. District Court judge.
R> In the suit, RMED claimed it was damaged by nondisclosures of certain filings made by the company with the Securities and Exchange Commission between January 1993 and June 1994 relating to an investigation by the Federal Trade Commission. That investigation related to an acquisition by Sloan's.
The complaint sought unspecified damages.
In his ruling, Judge Peter K. Leisure declined to make a final determination on the merits of the case and held that a trial is necessary to resolve outstanding issues of fact; however, Gristede's said Leisure dismissed RMED's claim to a private right of action and its claim alleging breach of fiduciary duty.
SN was unable to reach RMED for comment. According to a Gristede's spokesman, "Since the inception of the suit nearly eight years ago, Gristede's has vigorously denied all claims alleged by RMED and has consistently stated that Sloan's had made all required public disclosures."
