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    GUTTMAN v. CHIAZOR

    No. BV031226-01.

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    HAYDUK v. RENT-ALL UNIFS. | 203 A.D.2d 104 (1994) | ad2d1041215 | Leagle.com
     

    HAYDUK v. RENT-ALL UNIFS. CO., INC.


    203 A.D.2d 104 (1994)

    610 N.Y.S.2d 35

    Richard J. Hayduk, Respondent-Appellant, v. Rent-All Uniforms Co., Inc., et al., Respondents-Appellants, and Budgewood Laundry Services, Inc., Appellant-Respondent

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

    April 12, 1994


    We agree with the trial court that Budgewood did not show that it sustained any damages as a result of Rent-All's failure to include a restrictive covenant in the deed to the factory it sold to a third party, and that such failure, although a breach of Budgewood's contract with Rent-All, was not such as to entitle Budgewood to rescission thereof or disentitle Rent-All to the payments due thereunder (see, Donovan v Aeolian Co., 270 N.Y. 267; cf., Clarke...

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