DELANCEY KOSHER REST. & CATERERS CORP. v. GLUCKSTERN


280 A.D. 962 (1952)

Delancey Kosher Restaurant & Caterers Corp., Respondent, v. Phil Gluckstern et al., Appellants, et al., Defendants

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

November 5, 1952.


Per Curiam.

The learned Referee, in the light of all the facts and circumstances disclosed, correctly determined after trial that defendants' location of their new restaurant under the name "the original Gluckstern's" in close proximity to and directly opposite the site of plaintiff's predecessor, was a clear violation of that clause of the 1940 contract that evinced an intention to preserve for plaintiff's predecessor the good will of its trade name, Gluckstern...

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