Legal Opinion

Manuszewski v. Keele

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1939PublishedCited by 1 opinion

1Opinion of the Court

Judgment affirmed, with costs. Memorandum: Upon the facts as found by the referee, the judgment restraining the defendant from competing with the plaintiffs was rightly granted. (American Ice Co. v. Meckel, *1037109 App. Div. 93; Von Bremen v. MacMonnies, 200 N. Y. 41.) The referee adopted the correct rule for the admeasurement of damages. (Present v. Glaser, 225 App. Div. 23.) All concur. (The judgment enjoins defendant from operating a gasoline station in competition with a station sold to plaintiffs by defendant.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

2Cases cited3 opinions

  1. Von Bremen v. . MacMonniesNew York Court of Appeals · 1910
  2. Present v. GlazerAppellate Division of the Supreme Court of the State of New York · 1928
  3. American Ice Co. v. MeckelAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Flexitized, Inc., and Flexitized Sales Corporation v. National Flexitized Corporation and Dubin-Haskell Lining Corp.Court of Appeals for the Second Circuit · 1964