Thurston v. Paul Bunyan Hardware Stores, Inc.

Appeal from an order and an amended order of the Supreme Court at Special Term, entered February 4, 1980 and February 28, 1980 in Warren County, which permitted plaintiffs to amend their complaint to add a party defendant and denied defendants’ cross motion for summary judgment. In April, 1977, plaintiffs purchased a hardware store in Chestertown, New York, from the defendant Paul Bunyan Hardware Stores, Inc. (Bunyan). The agreement effectuating the sale contained a noncompetition clause whereby the seller and any other corporation, firm, partnership or other entity directly or indirectly…