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SIMONS v. FRIED

277 A.D. 1154 (1950)

Alexander Simons, Individually and as Stockholder of Simons Furniture Co., Inc., Respondent, v. Joseph Fried et al., Appellants

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

December 26, 1950.

Judgment affirmed, with costs.

No opinion.

Johnston, J., dissents and votes to reverse the judgment and dismiss the complaint, with the following memorandum:

The restrictive covenant, while limited in time, was unlimited in territory. Such a covenant may be enforced insofar as it is necessary to protect plaintiff from competition by defendants. (Goldstein v. Maisel, 271 App. Div. 971, and cases therein cited.) The rule is the same...

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