Appellate Division of the Supreme Court of New York, 1939

Manuszewski v. Keele

Manuszewski v. Keele
Appellate Division of the Supreme Court of New York · Decided June 28, 1939
257 A.D. 1036; 13 N.Y.S.2d 852; 1939 N.Y. App. Div. LEXIS 8982
Manuszewski v. Keele

Opinion of the Court

Judgment affirmed, with costs. Memorandum: Upon the facts as found by the referee, the judgment restraining the defendant from competing with the plaintiffs was rightly granted. (American Ice Co. v. Meckel, *1037109 App. Div. 93; Von Bremen v. MacMonnies, 200 N. Y. 41.) The referee adopted the correct rule for the admeasurement of damages. (Present v. Glaser, 225 App. Div. 23.) All concur. (The judgment enjoins defendant from operating a gasoline station in competition with a station sold to plaintiffs by defendant.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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