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Brasscrafters, Inc. v. Ehrlich

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 724 (N.Y. App. Div. 1985)

Opinion

March 4, 1985

Appeal from the Supreme Court, Nassau County (Roberto, J.).


Order affirmed, insofar as appealed from, with costs.

The New York courts plainly have personal jurisdiction over the corporate defendant ( see, e.g., Sybron Corp. v. Wetzel, 46 N.Y.2d 197) and Special Term properly balanced the equities in issuing the preliminary injunction. We would note that, irrespective of a covenant not to solicit former customers, the seller of a business has a legal duty to refrain indefinitely from acting to impair the good will transferred in connection with the sale of a business ( Mohawk Maintenance Co. v. Kessler, 52 N.Y.2d 276) and, to prevent unfair competition, even the right to use one's own name may be enjoined ( David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, cert denied 385 U.S. 930). Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.


Summaries of

Brasscrafters, Inc. v. Ehrlich

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1985
109 A.D.2d 724 (N.Y. App. Div. 1985)
Case details for

Brasscrafters, Inc. v. Ehrlich

Case Details

Full title:BRASSCRAFTERS, INC., Respondent, v. HERBERT B. EHRLICH et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 4, 1985

Citations

109 A.D.2d 724 (N.Y. App. Div. 1985)

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