ROSS v. FOOD SPECIALTIES, INC.


5 A.D.2d 994 (1958)

Harold Ross et al., Respondents, v. Food Specialties, Inc., et al., Defendants, and John Godston et al., Appellants

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

April 7, 1958


Final and interlocutory judgments, insofar as appealed from, reversed on the law and the facts, with one bill of costs, and complaint dismissed as against appellants, with costs. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings will be made as indicated herein.

In our opinion, respondents failed to sustain the burden of establishing by clear, positive and convincing evidence that the restrictive covenant agreement and the...

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