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DAVIDSON BROS. v. D. KATZ & SONS

274 N.J. Super. 159 (1994)

643 A.2d 642

DAVIDSON BROS., INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. D. KATZ & SONS, INC., A NEW JERSEY CORPORATION; CITY OF NEW BRUNSWICK, A MUNICIPAL CORPORATION; C-TOWN, A DIVISION OF KRASDALE FOODS, INC., AND NEW BRUNSWICK HOUSING AUTHORITY, A BODY CORPORATE AND POLITIC, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1994.

Attorney(s) appearing for the Case

Sheppard A. Guryan argued the cause for appellant (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Mr. Guryan, of counsel; Bruce H. Snyder, on the briefs).

Philip Allan Borow argued the cause for respondent D. Katz & Sons, Inc. (Robert M. Adochio, attorney; Mr. Borow, on the brief).

William J. Hamilton, Jr., City Attorney, argued the cause for respondent City of New Brunswick (Mr. Hamilton, on the brief).

George J. Otlowski, Jr. argued the cause for respondent C-Town (Mr. Otlowski, on the brief).

Robert J. Lecky argued the cause for respondent New Brunswick Housing Authority (Stamberger & Lecky, attorneys; Mr. Lecky, on the brief).

Before Judges GAULKIN, D'ANNUNZIO and WALLACE.

The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

Plaintiff Davidson Bros., Inc. (Davidson) appeals from a trial court judgment entered after a bench trial held on remand from the Supreme Court. Davidson Bros., Inc. v. D. Katz & Sons, Inc., 121 N.J. 196, 579 A.2d 288 (1990). Applying the reasonableness test formulated by the Supreme Court, the trial court determined that a covenant...

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