DELTA RES. v. HARKIN


118 A.D.2d 133 (1986)

Delta Resources, Inc., et al., Appellants, v. Gerard J. Harkin et al., Respondents

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

June 24, 1986


Attorney(s) appearing for the Case

John S. Martin, Jr., of counsel (Aegis J. Frumento, Michele S. Hirshman and Howard B. Weinreich with him on the brief; Schulte Roth & Zabel, attorneys), for appellants.

John H. Steel for respondents.

SULLIVAN, J. P., CARRO and ELLERIN, JJ., concur.


ROSENBERGER, J.

This is an action for a permanent injunction and damages for alleged unfair competition and other commercial torts. It stems from the sale of Delta Resources, Inc., by defendant shareholders to Itel Corporation (Itel), and then again two years later by Itel to plaintiff Volt Information Services (Volt). The issue involves whether the duty of shareholder sellers of a business to refrain indefinitely...

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