Majority
p. 424Carvel 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.
Cases cited
- In re Aho 39 NY2d 241 at 248 p. 425
- Carvel Corp. v. Rait 117 AD2d 485 p. 425