BENIPAL v. HERATH


251 A.D.2d 933 (1998)

674 N.Y.S.2d 815

Karmjit S. Benipal, Respondent, v. Dammi Herath et al., Appellants, et al., Defendant

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

June 25, 1998


Mercure, J.

Plaintiff, the proprietor of an Indian take-out restaurant located in a shopping center food court, brought this action to recover for the breach of various contract provisions restricting the sale of similar cuisine and, particularly, defendant Dammi Herath's sale of Sri Lankan food at an adjacent food court site. Originally, the two restaurants had a common owner, a family partnership which included plaintiff and defendant Jinder Gill. A...

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