ROTH v. JOHNNIDES


19 Misc.2d 835 (1959)

Joseph Roth et al., Plaintiffs, v. James Johnnides et al., Defendants.

Supreme Court, Special Term, Nassau County.

October 28, 1959.


Attorney(s) appearing for the Case

Munley & Meade for defendants.

Irving R. Shapiro for plaintiffs.


MARIO PITTONI, J.

The defendants move for judgment dismissing the complaint "on the merits". Apparently they mean a motion for summary judgment.

It appears that the defendants sold a flower business to Allan Ross, and the plaintiffs claim to be the successors in interest to Ross.

The defendants covenanted in their contract and bill of sale not to engage in the "make-up and sale of cut flowers within a radius of five miles" for a period...

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