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Carvel Corp. v. Irvolino

121 A.D.2d 424 Court N.Y. App. Div. Decision date 1986-06-09 English

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p. 424
Carvel Corporation, Respondent, v Frank Irvolino et al., Appellants.

In an action, inter alia, for a permanent injunction based on the alleged breach of a covenant not to compete contained in a license agreement, the defendants appeal from an order of the Supreme Court, Westchester

p. 425
County (Ingrassia, J.), dated July 29, 1985, which granted that branch of a motion by the plaintiff which was for partial summary judgment on its first cause of action for a permanent injunction, and from a judgment of the same court, entered August 8, 1985, which permanently enjoined the defendant from operating a certain ice cream store in Brent-wood, New York, and from operating or otherwise participating in a similar business within two miles of said location through October 31, 1987.

Appeal from the order dismissed (see, Matter of Aho, 39 NY2d 241 , 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

Judgment affirmed (see, Carvel Corp. v Rait, 117 AD2d 485 ).

The plaintiff is awarded one bill of costs. Lazer, J. P., Bracken, Brown and Lawrence, JJ., concur.

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