Melody Lane Publications, Inc. v. Nor Va Jak Music, Inc.

Appellate Division of the Supreme Court of New York

Melody Lane Publications, Inc. v. Nor Va Jak Music, Inc.

20 A.D.2d 787, 247 N.Y.S.2d 880, 1964 N.Y. App. Div. LEXIS 4117

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

DecidedMarch 31, 1964

StatusPublished

This text of 20 A.D.2d 787 (Melody Lane Publications, Inc. v. Nor Va Jak Music, Inc.) 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

Melody Lane Publications, Inc. v. Nor Va Jak Music, Inc., 20 A.D.2d 787, 247 N.Y.S.2d 880, 1964 N.Y. App. Div. LEXIS 4117 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order granting summary judgment to plaintiff and denying defendant’s cross motion for summary judgment unanimously modified on the law to the extent of denying plaintiff’s motion for summary judgment and as so modified, affirmed, with costs to appellant. In this action for breach of an agreement conveying rights of publication of certain songs, we find questions of fact presented, necessitating denial of summary judgment. Among these questions is whether the publication alleged to be a breach was a new arrangement or merely a colorable minor change, and whether an arrangement made under the circumstances presented was or was not included in the rights conveyed. Concur — Botein, P. J., Breitel, Yalente, Eager and Steuer, JJ.

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Order granting summary judgment to plaintiff and denying defendant’s cross motion for summary judgment unanimously modified on the law to the extent of denying plaintiff’s motion for summary judgment and as so modified, affirmed, with costs to appellant. In this action for breach of an agreement conveying rights of publication of certain songs, we find questions of fact presented, necessitating denial of summary judgment. Among these questions is whether the publication alleged to be a breach was a new arrangement or merely a colorable minor change, and whether an arrangement made under the circumstances presented was or was not included in the rights conveyed. Concur — Botein, P. J., Breitel, Yalente, Eager and Steuer, JJ.

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Bluebook (online)

20 A.D.2d 787, 247 N.Y.S.2d 880, 1964 N.Y. App. Div. LEXIS 4117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melody-lane-publications-inc-v-nor-va-jak-music-inc-nyappdiv-1964.