ALLIED ASPHALT CORP. v. O'SULLIVAN


21 Misc.2d 832 (1959)

Allied Asphalt & Mineral Corporation, Plaintiff, v. George J. O'Sullivan, Defendant.

Supreme Court, Special Term, Nassau County.

November 5, 1959.


Attorney(s) appearing for the Case

Dorsey & Burke (William P. Larsen of counsel), for defendant.

Joseph J. Perrini for plaintiff.


MARIO PITTONI, J.

The defendant moves for an order dismissing the complaint pursuant to rule 107 of the Rules of Civil Practice on the ground that the claims or demands set forth in the complaint have been released by a general release dated January 20, 1959, executed by E. T. Trotter & Co., the sole owner of the plaintiff corporation herein.

The plaintiff seeks to enjoin the defendant, a former employee, from manufacturing, for his own benefit...

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