Fleischer v. N. T. A. Pictures, Inc.

This is a motion for an order striking out as sham, pursuant to rule 104 of the Rules of Civil Practice, the first, second and third affirmative defenses, and also for an order, pursuant to rule 113 of the Rules of Civil Practice, striking out the answer of the defendants and granting summary judgment.

*111This is an action which seeks a permanent injunction against defendants and also for a declaratory judgment declaring the rights of plaintiff and an accounting for the proceeds of the exhibition of a certain cartoon.

The origin of plaintiff’s rights is in the contract dated as of May 24, 1941…