Lynch v. Bailey

This action is a sequel to an earlier action between the same parties, in which the plaintiff obtained a declaratory judgment pronouncing a restrictive clause in the partnership agreement between the plaintiff and the defendants unreasonably broad, as against the plaintiff, against public policy and invalid for lack of mutuality and consideration (Lynch v. Bailey, 194 Misc. 280, revd. 275 App. Div. 527, affd. 300 N. Y. 615). The plaintiff’s original complaint in this action, in which he seeks damages caused by the position and steps taken by the defendants in trying to uphold and enforce the…