Burnett v. Warner Bros. Pictures, Inc.

Order of the Supreme Court, New York County (John Bradley, J.), entered January 28, 1985, which granted defendants-respondents-appellants’ cross motion for summary judgment dismissing the complaint without prejudice, for lack of subject matter jurisdiction, is unanimously modified on the law, to the extent of granting to defendants summary judgment dismissing the complaint, with prejudice, for failure to state a cause of action, and the order is otherwise affirmed, without costs and disbursements.

*711In 1941 plaintiffs wrote a play entitled "Everyone Comes to Rick’s.” On January 12, 1942,…