Tobias v. Joy Music, Inc.

New York Supreme Court

Tobias v. Joy Music, Inc.

46 Misc. 2d 951, 260 N.Y.S.2d 495, 1965 N.Y. Misc. LEXIS 2023

DecidedApril 22, 1965

StatusPublished

This text of 46 Misc. 2d 951 (Tobias v. Joy Music, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tobias v. Joy Music, Inc., 46 Misc. 2d 951, 260 N.Y.S.2d 495, 1965 N.Y. Misc. LEXIS 2023 (N.Y. Super. Ct. 1965).

Pincite

Opinion

Per Curiam.

The award by the United States District Court for the Southern District of New York, in the prior action, of reasonable attorney’s fees to defendant, apparently pursuant to section 116 of the Copyright Law (U. S. Code, tit. 17) is not res judicata as to the extent of plaintiffs ’ liability. That award was based upon a statute providing for the award of “ a reasonable attorney’s fee ”, not, as in the instant case, upon a contract between the parties which provided for payment of “ all of the expenses so incurred”. (Cohen Furniture Co. v. Consolidated Edison Co., 160 Misc. 941.) The prior award was based upon [952]*952an exercise of judicial discretion under the Copyright Law, and was not concerned with the agreement which forms the basis of this action.

The judgment and order should be reversed, with $10 costs, and motion denied.

Concur — Tilzer, J. P., Gold and Capozzoli, JJ.

Judgment and order reversed, etc.

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Per Curiam.

The award by the United States District Court for the Southern District of New York, in the prior action, of reasonable attorney’s fees to defendant, apparently pursuant to section 116 of the Copyright Law (U. S. Code, tit. 17) is not res judicata as to the extent of plaintiffs ’ liability. That award was based upon a statute providing for the award of “ a reasonable attorney’s fee ”, not, as in the instant case, upon a contract between the parties which provided for payment of “ all of the expenses so incurred”. (Cohen Furniture Co. v. Consolidated Edison Co., 160 Misc. 941.) The prior award was based upon [952]*952an exercise of judicial discretion under the Copyright Law, and was not concerned with the agreement which forms the basis of this action.

The judgment and order should be reversed, with $10 costs, and motion denied.

Concur — Tilzer, J. P., Gold and Capozzoli, JJ.

Judgment and order reversed, etc.

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Bluebook (online)

46 Misc. 2d 951, 260 N.Y.S.2d 495, 1965 N.Y. Misc. LEXIS 2023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tobias-v-joy-music-inc-nysupct-1965.

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