Gilroy v. American Broadcasting Co.

I cannot agree with the disposition made by the majority and am obliged to dissent. In my analysis, while defendants may not appeal to our court as of right from the second order of the Appellate Division (that entered on June 16, 1977), an appeal would lie by permission of our court. I would grant such permission and proceed to a disposition of that appeal on the merits.

A skeletal recitation of the procedural history of this litigation is necessary to an understanding of the posture in which the case now reaches us. Plaintiff asserts that he created the literary character of "Amos Burke”, a…