Love v. Spector

In an action to recover royalty payments from the sale of recordings pursuant to an alleged written agreement, the defendants appeal from an order of the Supreme Court, Rockland County (Bergerman, J.), dated January 18, 1994, which denied their motion pursuant to CPLR 3211 to dismiss the complaint.

Ordered that the order is modified, on the law, by (1) dismissing so much of the first cause of action as seeks to recover damages for royalties earned on covered recordings prior to August 1, 1987, and (2) dismissing the second cause of action; as so modified, the order is affirmed, without costs…