MAMMOLITO v. McHUGH


8 A.D.3d 537 (2004)

779 N.Y.S.2d 533

JOSEPH MAMMOLITO et al., Appellants, v. JAMES McHUGH et al., Respondents. (And a Third-Party Action.)

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

June 21, 2004.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant James McHugh purchased the plaintiffs' interest in a family-owned business pursuant to a stipulation settling a corporate dissolution proceeding. The stipulation included restrictive covenants precluding the plaintiffs and their son, Joseph Mammolito, Jr., from competing with McHugh's business for a certain period of time in Nassau and Suffolk counties. The plaintiffs commenced...

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