Montgomery v. Futuristic Foods, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Shapiro, J. P.
In an action to recover damages for breach of contract and unfair competition, based upon defendants’ unlawful sale of cassette tapes to the general public, to which tapes plaintiff claims to have a common-law copyright, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Composto, J.), "as dismisses the affirmative defense of the violation of the Statute of Frauds.” On the facts in this record, the order should be reversed insofar as appealed from and the branch of plaintiff’s motion which sought to…
2Cases cited11 opinions
- Broadwell v. GetmanNew York Supreme Court · 1846
- Tyler v. WindelsAppellate Division of the Supreme Court of the State of New York · 1919
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
- Tyler v. . WindelsNew York Court of Appeals · 1919
- Grissman v. Union Carbide Corp.District Court, S.D. New York · 1967
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3Cited by12 opinions
- Prout v. VladeckDistrict Court, S.D. Illinois · 2018
- Town of Poughkeepsie v. EspieAppellate Division of the Supreme Court of the State of New York · 2007
- William H. Burke, Cross-Appellant v. Gus Bevona, as President of Local 32b-32j, Service Employees International Union, Afl-Cio, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Glass v. Minnesota Protective Life Insurance Co.Supreme Court of Iowa · 1982
- Bent v. St. John's Univ., N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
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