ABALENE PEST CONTROL SERV., INC. v. POWELL


8 A.D.2d 734 (1959)

Abalene Pest Control Service, Inc., Respondent, v. Eugene H. Powell, Appellant

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

May 18, 1959


Order entered May 23, 1958, insofar as appealed from, and order entered June 3, 1958 affirmed, with one bill of $10 costs and disbursements.

If, as contended by appellant, the restrictive covenants in the contract were unenforcible by the assignee in the absence of appellant's consent to the assignment, it does not appear upon the face of the complaint that the assignment was without such consent. On the contrary, the complaint alleges that the contract was duly assigned...

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