Iannarelli v. Carvel Stores of New York, Inc.

Defendant moves for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice, or in the alternative for summary judgment pursuant to rule 113 of the Rules of Civil Practice, as amended, effective March 1, 1959.

The plaintiff holds a dealer franchise agreement with the defendant a copy of which is annexed to the moving papers. By that agreement, defendant agreed, that so long as the plaintiff complied with all the terms of said agreement, defendant “ will not own, operate, or franchise any retail store for the sale of Frozen Dairy Products within one-half mile in a…