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.