Paul Patchick v. Kensington Publishing Corporation, a New York Corporation

On June 27, 1983, Appellant Paul Patch-ick filed this diversity action for breach of contract against five named defendants: Kensington Publishing Corporation (Kens-ington); Zebra Books, Inc. (Zebra); Richard Curtis, Richard Curtis Literary Agency, and Richard Curtis Associates, Inc. (Curtis defendants); and other unnamed defendants. Patchick alleged that defendants failed to publish and promote his book, “Eruption.” Patchick filed an amended complaint on October 6, 1983, naming the same defendants.

In November 1983 defendants Kensing-ton and Zebra filed a motion to dismiss the action as to…