Benipal v. Herath
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from that part of an order of the Supreme Court (Relihan, Jr., J.), entered July 8, 1997 in Tompkins County, which denied certain defendants’ motions for summary judgment dismissing the complaint against them.
Plaintiff, the proprietor of an Indian take-out restaurant located in a shopping center food court, brought this action to recover for the breach of various contract provisions restricting the sale of similar cuisine and, particularly, defendant Dammi Herath’s sale of Sri Lankan food at an adjacent food court site. Originally, the two restaurants had a common owner, a family…
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