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HIRSCH v. TWENTIETH CENTURY-FOX FILM CORP.

207 Misc. 750 (1955)

Henry Hirsch, as Administrator of The Estate of Aaron Hirsch, Deceased, Plaintiff, v. Twentieth Century-Fox Film Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

April 18, 1955.

Attorney(s) appearing for the Case

Whitman Knapp, David Simon and John J. Tommaney for defendants.

Myron A. Ellis for plaintiff.

GREENBERG, J.

Defendant Twentieth Century-Fox Film Corporation moves for summary judgment. The complaint claims plagiarism or the appropriation of a literary work. Defendant rests its motion on a claim of abandonment of common-law rights and dedication to the public. Plaintiff contends the motion must be denied because the complaint alleges there was publication and republication with no intent to abandon common-law

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