Max Miskowitz & Starobin & Miskowitz, Inc. v. Starobin

This motion by the defendant for judgment on the pleadings presents but three questions: (1) Is the provision of paragraph 9 of the agreement, annexed to the complaint as Exhibit A, valid and enforcible? (2) Is the restrictive covenant of paragraph 4 of said agreement still effective and binding upon the individual plaintiff? (3) Is a declaratory judgment the proper form of remedy in the action?

The complaint discloses that, on July 1, 1938, the plaintiff Max Miskowitz and the defendant’s husband, Mort Starobin, being then the sole stockholders of Starobin & Miskowitz, Inc., a corporation…