Bubba's Bagels of Wesley Hills, Inc. v. Bergstol
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*412In an action to enforce a restrictive covenant in a lease, and to recover damages for the breach thereof, the plaintiffs Bubba’s Bagels of Wesley Hills, Inc., and S&D Restaurant, Inc., appeal from a judgment of the Supreme Court, Rockland County (Carey, J.), dated October 31, 2003, which, upon a decision of the same court dated August 14, 2003, made after a nonjury trial, dismissed the complaint insofar as asserted against the defendants Eric Bergstol, Dalzell Management Co., Inc., and Wesley Kosher, Inc.
Ordered that the appeal by the plaintiff S&D Restaurant, Inc., is dismissed as abandoned…
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