EMPIRE VISION CTR., INC. v. WILSON


212 A.D.2d 991 (1995)

623 N.Y.S.2d 54

Empire Vision Center, Inc., Respondent, v. Donald Wilson et al., Appellants

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

February 3, 1995


Order unanimously reversed on the law without costs and motion granted.

Memorandum:

In this action to enforce a covenant not to compete contained in agreements between plaintiff and one of the defendants, defendants appeal from an order denying their motion for leave to amend their answers to assert an additional affirmative defense. The proposed affirmative defense alleges that the agreements establish a relationship in the nature of a franchise and that...

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