Roy Music Co. v. Leo Feist, Inc.

Appellate Division of the Supreme Court of New York

Roy Music Co. v. Leo Feist, Inc.

258 A.D. 951, 17 N.Y.S.2d 875, 1940 N.Y. App. Div. LEXIS 8368

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1940·Published

Opinion

The plaintiff having taken the position that its action is based solely on the claim of unfair competition, the second defense is stricken out as insufficient. Order unanimously modified by granting the motion to strike out the second defense, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant. Present — O’Malley, Glennon, Untermyer, Dore and Callahan, JJ.

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The plaintiff having taken the position that its action is based solely on the claim of unfair competition, the second defense is stricken out as insufficient. Order unanimously modified by granting the motion to strike out the second defense, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant. Present — O’Malley, Glennon, Untermyer, Dore and Callahan, JJ.

Roy Music Co. v. Leo Feist, Inc., 258 A.D. 951, 17 N.Y.S.2d 875, 1940 N.Y. App. Div. LEXIS 8368 (N.Y. Ct. App. 1940).

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258 A.D. 951 (Roy Music Co. v. Leo Feist, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.