KUGLER v. NOBLE


94 A.D.2d 954 (1983)

I. George Kugler et al., Respondents, v. Charles E. Noble et al., Appellants

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

May 25, 1983


Order unanimously reversed, without costs, and motion denied.

Memorandum:

Defendants appeal from an order preliminarily enjoining them from opening a new restaurant in violation of a restrictive covenant they agreed to when they sold their former restaurant to the plaintiffs. The plaintiffs purchased the restaurant in 1978 and operated it for three summer seasons until they closed it in October of 1981 and moved to Texas. In June of 1982 defendants leased...

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