Condon v. Associated Hospital Service

Defendants, after serving their answer, moved for and were granted judgment on the pleadings dismissing the complaint as to both its causes of action. Special Term, in its brief opinion, cited Cohan v. Robbins Music Cory. (244 App. Div. 697) and O’Neill v. General Film Co. (171 App. Div. 854) as precedents for the dismissal. The Appellate Division, affirming the judgment, described the action as one “ to recover for the adoption and use of a copyrighted plan ” and upheld the dismissal “ on the ground that the court lacks jurisdiction of the subject-matter of the action.” (261 App. Div. 1096.)…