GITTLIN BAG CO. v. BRESKY


279 A.D. 570 (1951)

Gittlin Bag Company, Respondent, v. Albert E. Bresky et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 1951.


We might not be justified on this appeal from an order granting a temporary injunction, in view of the dispute as to some of the circumstances under which the agreement was made, to rule that the restrictive covenant is unenforcible for want of mutuality or equity, or as being contrary to public policy. Its enforcibility is at least so doubtful, however, that a temporary injunction was not warranted.

Order unanimously reversed, with $20 costs and disbursements to...

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