Although defendant Nicholas Grammatas signed the document assuming the terms of the security agreement on behalf of defendant corporation in his representative capacity as its president, he was the sole shareholder and officer and is therefore bound personally by the restrictive covenant set forth in the rider to the security agreement (see, Spilky v Atkin, 120 A.D.2d 581, 582, citing Walcutt v Clevite Corp., 13 N.Y.2d 48, 56). Plaintiffs have shown entitlement to a preliminary injunction, since the claim is based on the sale of a business and accompanying goodwill, defendant's violation of the covenant establishes irreparable injury (see, Hay Group v Nadel, 170 A.D.2d 398, 399), and his seeking out a nearby location within the restricted area while the business protected by the covenant was still operating balances the equities in plaintiffs' favor.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.