Legal Opinion
Malkin v. Dubinsky
New York Supreme Court
Decided June 1, 1960PublishedCited by 3 opinions
1Opinion of the CourtBirdie Amsterdam, J.
The plaintiff, in this suit, seeks an injunction and damages, predicated on his claim that his unpublished play entitled “ The Battle Goes On ” was plagiarized by the defendants’ motion picture entitled “ With These Hands ”.
Originally his complaint charged, in two separate causes of action, that the defendants ’ motion picture infringed (1) a copyrighted English version of his play, and (2) an uncopyrighted Yiddish version. Because the first cause of action was based on copyright, the entire case was removed to the Federal court. There, as the trial was about to commence, the plaintiff…
2Cases cited19 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Nichols v. Universal Pictures CorporationCourt of Appeals for the Second Circuit · 1930
- Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
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3Cited by3 opinions
- Smith v. Little, Brown & CompanyDistrict Court, S.D. New York · 1965
- Hemingway v. Random House, Inc.New York Supreme Court · 1967
- Turner v. Century House Publishing Co.New York Supreme Court · 1968