Heywood v. Jericho Co.

Motions numbers 1168 and 1412 are considered together. Each motion is for an order dismissing the complaint as against the respective moving defendants, on the ground that said defendants have a sufficient defense to the cause of action, as a matter of law, founded upon facts established prima facie by documentary evidence.

The action is for alleged infringement of plaintiff’s common-law copyright in a playlet entitled “ Let’s Not Face It ”, by defendants’ play entitled “ Beep Are the Boots ”. '

Both plaintiff’s and defendants’ dramatic composition relate to anti-negro prejudice and…