Frank May Associates, Inc. v. Boughton

Appeal from an order of the Supreme Court (Nolan, Jr., J.), entered May 30, 2000 in Albany County, which, inter alia, granted plaintiff’s motion for a preliminary injunction.

Defendant Frederick Boughton was the sole shareholder, officer and director of defendant Paragon Food Service, Sales & Marketing, Inc., a company engaged in the food brokerage business within New York. In 1998, defendants sold their assets (consisting of customer lists, covenants not to compete and goodwill) to plaintiff for a purchase price of 20% of the “actual collected revenue” by plaintiff from 23 specifically…