October 1, 1945.
In an action to enforce a negative covenant in a contract of employment, order denying defendant's motion to dismiss the complaint as failing to state a cause of action and on the ground that plaintiffs lack legal capacity to sue, affirmed, with $10 costs and disbursements. No opinion. Close, P.J., Carswell, Adel, Lewis and Aldrich, JJ., concur.
Full title:HERBERT STEIN et al., Copartners Doing Business as HEMPSTEAD SURGICAL CO.…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Oct 1, 1945
" These rulings are erroneous. English v. Major, 12 N.Y.S. 935; McCormack v. Perry, 47 Hun, 71; Rosen v.…
Schwarting v. Van Wie New York Grocery Co.In McKown v. Hunter ( 30 N.Y. 625), an action for malicious prosecution, the court reversed the judgment…