CARNIVAL CO. v. METRO-GOLDWYN-MAYER


23 A.D.2d 75 (1965)

Carnival Company et al., Respondents-Appellants, v. Metro-Goldwyn-Mayer, Inc., Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 15, 1965.


Attorney(s) appearing for the Case

Bella L. Linden of counsel (David Blasband with her on the brief; Linden & Deutsch, attorneys), for respondents-appellants.

Edward N. Costikyan of counsel (Thomas R. Farrell, Jr., and Edward F. Malone with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant-respondent.

RABIN, J. P., McNALLY and WITMER, JJ., concur with STEVENS, J.; VALENTE, J., dissents in part in opinion.


STEVENS, J.

Defendant appeals from so much of an order entered June 24, 1964, as denied its motion to dismiss the first, third and fourth causes of action in the complaint, and plaintiffs cross-appeal from so much of the same order as dismissed the second cause of action.

Defendant, after producing the motion picture "Lili", granted to plaintiff Merrick a right to produce a play based on the motion picture...

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