Legal Opinion

U.S. Philips Corp. v. EMI Music, Inc.

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

Decided August 4, 2009Published

1Opinion of the Court

*548In an action to recover damages for breach of contract, the defendants appeal from stated portions of an order of the Supreme Court, Westchester County (Scheinkman, J.), entered January 16, 2008, which, inter alia, granted that branch of the plaintiffs motion which was for summary judgment on the issue of liability with respect to so much of the complaint as sought the payment of royalties for compact discs that were sold but later returned by the defendants’ customers.

Ordered that the order is affirmed insofar as appealed from, with costs.

“[A] written agreement that is complete, clear and…

2Cases cited6 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  3. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  4. Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
  5. Meirowitz v. Bayport-Bluepoint Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2008

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