ELIA v. DAMIANOPULOS


23 A.D.2d 803 (1965)

Lambro Elia, Appellant, v. Naum Damianopulos et al., Respondents

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

April 1, 1965


Order unanimously modified on the law and facts in accordance with memorandum and, as modified, order and judgment affirmed, without costs of this appeal to either party.

Memorandum:

We find that it was error to include in the order the provision which prohibits plaintiff from competing with the defendants in the baking business within Onondaga County for a term of five years. There is nothing in the partnership agreement which limits the activities of withdrawing...

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