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JOHNSON v. MORGANTI

174 A.D.2d 987 (1991)

Paul R. Johnson et al., Appellants, v. Ronald D. Morganti, Respondent

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

June 7, 1991

Order unanimously affirmed with costs.

Memorandum:

Plaintiffs appeal from an order which denied their motion for partial summary judgment enjoining defendant from soliciting the customers of Waterfalls Machine Co. It is settled law that one who sells a business, including its good will, to another has a legal duty to refrain from soliciting the customers of that business (Hyde Park Prods. Corp. v Lerner Corp., 65 N.Y.2d 316

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