ROSENBAUM v. MELNIKOFF


4 A.D.2d 1033 (1957)

Samuel R. Rosenbaum, as Trustee under Phonograph Record Trust Agreement and Hollywood Film Trust Agreement and Trust Agreement with Republic Pictures, Inc., Respondent-Appellant, v. Harry Melnikoff et al., as Individuals and as Representatives of All Other Musicians Similarly Situated, Appellants-Respondents, et al., Defendants

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

December 17, 1957


We affirm without prejudice to the right of the appellants to renew in the light of subsequent events. There is more than a suspicion that the action of the trustee in seeking a judicial declaration that the several agreements are valid is motivated by the existence of the action in California in which the present plaintiff, as trustee, is named as a defendant. Upon the record, however, a troublesome question is presented as to the extent that any determination made by the...

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