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Gittlin Bag Company v. Bresky

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 1951
279 App. Div. 570 (N.Y. App. Div. 1951)

Opinion

October 16, 1951.

Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.


We might not be justified on this appeal from an order granting a temporary injunction, in view of the dispute as to some of the circumstances under which the agreement was made, to rule that the restrictive covenant is unenforcible for want of mutuality or equity, or as being contrary to public policy. Its enforcibility is at least so doubtful, however, that a temporary injunction was not warranted. Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied. Settle order on notice.


Summaries of

Gittlin Bag Company v. Bresky

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 1951
279 App. Div. 570 (N.Y. App. Div. 1951)
Case details for

Gittlin Bag Company v. Bresky

Case Details

Full title:GITTLIN BAG COMPANY, Respondent, v. ALBERT E. BRESKY et al., Appellants

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

Date published: Oct 16, 1951

Citations

279 App. Div. 570 (N.Y. App. Div. 1951)

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