SAPRONES v. KONTZAMANYS


196 Misc. 477 (1949)

George T. Saprones et al., Copartners Doing Business under the Name of Sheridan's Bar and Grill, Plaintiffs, v. George Kontzamanys et al., Defendants.

Supreme Court, Special Term, Kings County.

October 25, 1949.


Attorney(s) appearing for the Case

Peter J. Haberkorn for plaintiffs.

Harry H. Altman for defendants.


HOOLEY, J.

Plaintiffs seek judgment against the defendants enjoining and restraining them from violating the provisions of the restrictive negative covenant contained in the bill of sale to plaintiffs of a restaurant business at No. 347 Atlantic Avenue in the borough of Brooklyn.

The bill of sale contained the following provision wherein the defendant George Kontzamanys expressly covenanted: "And they hereby agree not to engage in the same business...

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