Legal Opinion
Courtney-Clarke v. Rizzoli International Publications, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 2, 1998PublishedCited by 29 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Stuart Cohen, J.), entered on or about January 17, 1997, which, insofar as appealed from, granted plaintiff author’s motion for partial summary judgment dismissing defendant publisher’s affirmative defenses of waiver, estoppel and accord and satisfaction, unanimously modified, on the law, to deny the motion as to the defense of estoppel, and to reinstate that defense, and otherwise affirmed, without costs.
The requisite clear manifestation of an intent by plaintiff to relinquish her known right to the royalty rate in the publishing agreement is not…
2Cases cited4 opinions
- Peck v. PeckAppellate Division of the Supreme Court of the State of New York · 1996
- Consolidated Edison Co. v. Jet Asphalt Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Bank v. MurphyAppellate Division of the Supreme Court of the State of New York · 1996
- Broadworth Realty Associates v. Chock 336 B'way Operating, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by29 opinions
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- Luitpold Pharmaceuticals, Inc. v. Ed. Geistlich Söhne A.G. Für Chemische IndustrieCourt of Appeals for the Second Circuit · 2015
- EchoStar Satellite L.L.C. v. ESPN, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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