Opinion
June 28, 1939.
Present — Sears, P.J., Crosby, Cunningham, Taylor and Dowling, JJ.
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, 109 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.)