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MEINEKE DISC. MUFFLER SHOPS, INC. v. KATAN

121 A.D.2d 610 (1986)

Meineke Discount Muffler Shops, Inc., Appellant, v. Aki Katan, Respondent, et al., Defendant

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

June 23, 1986

Order affirmed, without costs or disbursements.

Inasmuch as the enforceability of the restrictive covenant in the franchise agreement entered into between the plaintiff and the defendant Katan cannot clearly be ascertained at this juncture, Special Term properly denied the motion for a preliminary injunction (see, Purchasing Assoc. v Weitz, 13 N.Y.2d 267; Family Affair Haircutters v Detling,

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