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MOHAWK MAINT. v. KESSLER

52 N.Y.2d 276 (1981)

Mohawk Maintenance Co., Inc., Respondent, v. Irving G. Kessler et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Amos Alter and Mark Abramowitz for appellants.

Stephen A. Marshall and Martin J. Schwartz for respondent.

Chief Judge COOKE and Judges WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge JONES dissents and votes to reverse in a separate opinion in which Judges JASEN and MEYER concur.

GABRIELLI, J.

Defendants appeal by permission of the Appellate Division, First Department, from an order of that court which affirmed, with slight modification, an order of the Supreme Court, New York County, granting partial summary judgment to plaintiff and enjoining defendants indefinitely from soliciting the patronage of defendant Kessler's former customers. The order appealed from rests upon the premise...

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