Bryant v. Broadcast Music, Inc.

*632The plaintiff commenced these actions alleging causes of action sounding in equity. However, during a nonjury trial of both actions, the plaintiff moved to conform the pleadings to the proof to assert a cause of action based on breach of a written contract. The Supreme Court denied the motion. Subsequently, the Supreme Court, inter alia, granted the motion of the defendant Sunbow Productions, Inc. (hereinafter Sunbow), to dismiss the complaint in action No. 2. On appeal, this Court affirmed the dismissal of the equitable causes of action, but held that the plaintiffs motion to conform the…