J. Fred Muggs Associates, Inc. v. Auerbach

Appellate Division of the Supreme Court of New York

J. Fred Muggs Associates, Inc. v. Auerbach

15 A.D.2d 743, 223 N.Y.S.2d 877, 1962 N.Y. App. Div. LEXIS 11660

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

DecidedFebruary 6, 1962

StatusPublished

This text of 15 A.D.2d 743 (J. Fred Muggs Associates, Inc. v. Auerbach) 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

J. Fred Muggs Associates, Inc. v. Auerbach, 15 A.D.2d 743, 223 N.Y.S.2d 877, 1962 N.Y. App. Div. LEXIS 11660 (N.Y. Ct. App. 1962).

Pincite

Opinion

The complaint asks for judgment in favor of the plaintiff, declaring that the defendant has no copyright, proprietary or other interest in certain films referred to in the complaint. It also asks for a temporary and permanent injunction and for money damages. It is alleged in paragraph Eighth of the complaint that the defendant has “ asserted a ‘ copyright and proprietary interest ’ in the proposed series” of television shows and that as a result of such claim the plaintiffs “ have been unable to conclude agreements for the production, financing and distribution of this series.” However, there is no allegation that the defendant does not have such a copyright and proprietary interest. While the complaint does allege that the plaintiff is the “owner” of the proposed series of shows, such allegation is not the equivalent of an allegation that the defendant has no “ copyright or proprietary interest ” therein. Absent such an allegation the complaint must fall. Concur—'Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

The complaint asks for judgment in favor of the plaintiff, declaring that the defendant has no copyright, proprietary or other interest in certain films referred to in the complaint. It also asks for a temporary and permanent injunction and for money damages. It is alleged in paragraph Eighth of the complaint that the defendant has “ asserted a ‘ copyright and proprietary interest ’ in the proposed series” of television shows and that as a result of such claim the plaintiffs “ have been unable to conclude agreements for the production, financing and distribution of this series.” However, there is no allegation that the defendant does not have such a copyright and proprietary interest. While the complaint does allege that the plaintiff is the “owner” of the proposed series of shows, such allegation is not the equivalent of an allegation that the defendant has no “ copyright or proprietary interest ” therein. Absent such an allegation the complaint must fall. Concur—'Breitel, J. P., Rabin, McNally, Stevens and Steuer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.2d 743, 223 N.Y.S.2d 877, 1962 N.Y. App. Div. LEXIS 11660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-fred-muggs-associates-inc-v-auerbach-nyappdiv-1962.