CBS Records Inc. v. Capitol-EMI Music, Inc.

Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered August 25, 1989, which denied plaintiffs motion for a preliminary injunction, unanimously affirmed, with costs.

In March 1987, plaintiffs predecessor in interest signed a record contract with the members of the musical group Grupo Mazz under which the band was to record and deliver one album. The record company was granted options for up to nine additional albums, provided it sent written notice prior to the expiration date of the contract period then in effect.

On this motion, there was no evidence that the record…