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SIMONS v. FRIED

302 N.Y. 323 (1951)

Alexander Simons, Individually and as a Stockholder of Simons Furniture Co., Inc., Respondent, v. Joseph Fried et al., Appellants.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Leslie Kirsch for appellants.

Joseph Leary Delaney, Edward S. Menapace and Lee Feltman for respondent.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

There is a public policy which in general holds competent contracting parties to bargains made by them with their eyes open. There is, however, an antagonistic public policy which proscribes any contract that would bring about an unreasonable restriction of the liberty of a man to earn his living or exercise his calling (see General Business Law, §...

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