137 Misc. 139 | N.Y. Sup. Ct. | 1930
Plaintiff purchased a garage consisting of a running business and lease located at 383 East Two Hundred and First street, between Decatur and Webster avenues, The Bronx, from the corporate defendant. By a separate agreement both defendants covenanted and agreed “ not to re-establish, re-open or be engaged in or in any manner become interested, directly or indirectly, either as an employee, as owner, partner (dormant or otherwise), as agent or as stockholder, director or officer of a corporation or
The case of Skolnick v. Orth (supra), in the majority opinion of Page, J., points out the method of measurement: “ To ascertain the unit of measurement, we must adopt that block, the length of which is uniform with the length of other blocks in the same direction, otherwise we can derive no standard that was in the minds of the parties when they used the word 1 block' as a unit. When
Again considering the Bromley Land Book of the borough of The Bronx as a guide and taking 227 feet as the standard block, adding 60 feet as the standard street and avenue width, and multiplying the result by 10, we arrive at a radius of 2,870 feet. It appears by rough measurements, using the “ maps ” supplied on the motion and even the Land Book referred to for the purpose, that the defendants’ garage is not within the restricted area. In coming to this stated conclusion, I do so solely to decide this motion, and have no intention of indicating law or method controlling upon the trial.
Considering the other branch of the relief sought, I am of the opinion that defendants should be enjoined from soliciting the old customers of the business sold by defendants to plaintiff. In addition, it appears that defendants have been soliciting new customers within the restricted area clearly contemplated by the parties. This solicitation includes the offer of taking and delivering, to and from the defendants’ garage, the cars of customers. Assuming for the purposes of this motion, but not indicating that it will control at the trial, 2,870 feet to be the radius of the restricted circle or area, my opinion is that such solicitation should also be enjoined therein pending trial.
The motion will be denied except as to the latter branch, as to which it will be granted to the extent indicated. Settle order on notice.