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CAPRI NAIL CORP. v. IRIS NAIL CORP.

13 A.D.3d 129 (2004)

786 N.Y.S.2d 167

CAPRI NAIL CORP. et al., Appellants, v. IRIS NAIL CORP. et al., Respondents.

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

December 9, 2004.

The express language of the noncompete clause precludes either party from opening or operating any business which would "compete with each other" within five blocks north and south, and one block east and west, of the existing locations at 1306 1/2 and 1217 Madison Avenue. Strictly and literally construed, the noncompete provision does not prohibit the expansion of the parties' existing locations; it speaks only to the establishment...

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