Lane v. Mercury Record Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtValente, J.
In this action, plaintiff seeks to compel defendant to account for royalties claimed to be due from the sale of phonograph records embodying the performance of a vocalist, plaintiff’s intestate. A motion was made to dismiss the complaint for insufficiency on the ground that no cause of action for equitable relief was alleged. Plaintiff opposed the motion, insisting that the facts stated were sufficient to maintain an action for equitable relief, and Special Term upheld plaintiff’s contention.
*603Under the Civil Practice Act, it was held that where a complaint was framed in equity and the demand…
2Cases cited6 opinions
- Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
- Jackson v. . StrongNew York Court of Appeals · 1917
- International Photo Recording Machines, Inc. v. Microstat Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- April Productions, Inc. v. G. Schirmer, Inc.New York Court of Appeals · 1955
- Hutchinson v. BirdsongAppellate Division of the Supreme Court of the State of New York · 1925
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3Cited by17 opinions
- Penato v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1976
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Mellencamp v. Riva Music Ltd.District Court, S.D. New York · 1988
- Ramirez v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1981
- Ansonia Associates v. Ansonia Residents' Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
12 more not listed; retrieve them via the Exa API.