American Society of Composers v. King Broadcasting Co.

Appellate Division of the Supreme Court of New York

American Society of Composers v. King Broadcasting Co.

52 A.D.2d 764, 382 N.Y.S.2d 775, 1976 N.Y. App. Div. LEXIS 12524

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1976

StatusPublished

This text of 52 A.D.2d 764 (American Society of Composers v. King Broadcasting Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Society of Composers v. King Broadcasting Co., 52 A.D.2d 764, 382 N.Y.S.2d 775, 1976 N.Y. App. Div. LEXIS 12524 (N.Y. Ct. App. 1976).

Pincite

Opinion

Order, Supreme Court, New York County, entered December 23, 1975, denying motion of defendant-appellant to dismiss the complaint, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Defendant-appellant has moved against the complaint claiming, to begin with, that New York courts are ousted of jurisdiction of subject matter because the contract sued on was arrived at pursuant to a formula set forth in the disposition of an ancient (March 14, 1950) antitrust suit brought by the United States against plaintiff-respondent in United States District Court; further, that the United States is a necessary party to this action; and, still further, that comity requires that we defer to the Federal courts and not assume jurisdiction. Regardless, this is a simple breach of contract action, set forth in a proper pleading, and cognizable in the Supreme Court of this State. The fact that the contract sued on had its genesis in procedures laid down in the antitrust judgment provides no basis whatever for defendant’s contentions. This, in [765]*765short, is not a Federal case. Concur—Stevens, P. J., Markewich, Capozzoli and Nunez, JJ.

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Order, Supreme Court, New York County, entered December 23, 1975, denying motion of defendant-appellant to dismiss the complaint, unanimously affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Defendant-appellant has moved against the complaint claiming, to begin with, that New York courts are ousted of jurisdiction of subject matter because the contract sued on was arrived at pursuant to a formula set forth in the disposition of an ancient (March 14, 1950) antitrust suit brought by the United States against plaintiff-respondent in United States District Court; further, that the United States is a necessary party to this action; and, still further, that comity requires that we defer to the Federal courts and not assume jurisdiction. Regardless, this is a simple breach of contract action, set forth in a proper pleading, and cognizable in the Supreme Court of this State. The fact that the contract sued on had its genesis in procedures laid down in the antitrust judgment provides no basis whatever for defendant’s contentions. This, in [765]*765short, is not a Federal case. Concur—Stevens, P. J., Markewich, Capozzoli and Nunez, JJ.

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Bluebook (online)

52 A.D.2d 764, 382 N.Y.S.2d 775, 1976 N.Y. App. Div. LEXIS 12524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-society-of-composers-v-king-broadcasting-co-nyappdiv-1976.