Bernfeld v. Freedenberg

Hagarty, J.:

Prior to December 30,1924, the parties to this action, in copartnership, conducted a store at No. 554 Fifth avenue, which is the second store from the southwest corner of Fifteenth street. Upon the date mentioned the partnership was dissolved and the defendant sold his interest to the plaintiffs and agreed not to engage in a similar business “ within a radius of five (5) square blocks from the location ” of the store sold during a designated period. Thereafter, and on the 3d day of January, 1925, a bill of sale was delivered, which contained the same covenant except that the word…