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LYNCH v. BAILEY

198 Misc. 935 (1950)

Peter F. Lynch, Plaintiff, v. George D. Bailey et al., Doing Business under the Name of Touche, Niven, Bailey & Smart, Defendants.

Supreme Court, Special Term, New York County.

November 28, 1950.

Attorney(s) appearing for the Case

Eustace Seligman, Howard T. Milman, William F. Voelker and Donald Vail for defendants.

A. V. Cherbonnier, Helen F. Tuohy, Mahlon Dickerson and William B. McKeown for plaintiff.

HOFSTADTER, J.

This action is a sequel to an earlier action between the same parties, in which the plaintiff obtained a declaratory judgment pronouncing a restrictive clause in the partnership agreement between the plaintiff and the defendants unreasonably broad, as against the plaintiff, against public policy and invalid for lack of mutuality and consideration (Lynch v. Bailey, 194 Misc. 280, revd. 275...

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