Mammolito v. McHugh

In an action, inter alia, to recover insurance premiums and accounts receivable, the plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County (Dunn, J.), dated September 6, 2002, as denied that branch of their motion which was for summary judgment dismissing the defendants’ counterclaim.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant James McHugh purchased the plaintiffs’ interest in a family-owned business pursuant to a stipulation settling a corporate dissolution proceeding. The stipulation included restrictive covenants…