Legal Opinion
Ellington v. EMI Music Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2013PublishedCited by 2 opinions
1Opinion of the Court
Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered October 11, 2011, which granted a motion by defendant EMI Mills Music, Inc. to dismiss the amended complaint pursuant to CPLR 3211 (a) (1) and (7), deemed an appeal from judgment, same court and Justice, entered December 7, 2011, dismissing the complaint (CPLR 5501 [c]), and, so considered, the judgment unanimously affirmed, without costs.
This breach of contract action was brought to recover royalties allegedly due under a December 17, 1961 songwriter royalty agreement. The agreement designates the legendary…
2Cases cited5 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Evans v. Famous Music Corp.New York Court of Appeals · 2004
- VKK Corp. v. National Football LeagueCourt of Appeals for the Second Circuit · 2001
- Jobim v. Songs of Universal, Inc.District Court, S.D. New York · 2010
3Cited by2 opinions
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014
- Paul M. Ellington v. EMI Music, Inc.New York Court of Appeals · 2014