MATTER OF GLEASON


271 A.D.2d 736 (2000)

707 N.Y.S.2d 243

In the Matter of the Arbitration between JOSEPH M. GLEASON et al., Respondents, and MICHAEL VEE, LTD., et al., Appellants.

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

Decided April 6, 2000.


Mugglin, J.

In February 1994, petitioners purchased a restaurant from respondents. The contract contained a restrictive covenant which, inter alia, for a period of five years forbade respondents from involvement in a competing restaurant within a radius of five miles of the restaurant sold to petitioners. The contract also provided that all disputes arising thereunder were to be submitted to arbitration.

When, in March 1995, respondents advised petitioners...

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