ROSENBAUM v. MELNIKOFF


15 Misc.2d 103 (1958)

Samuel R. Rosenbaum, as Trustee under Phonograph Record Trust Agreement, and Other Agreements, Plaintiff, v. Harry Melnikoff et al., Defendants.

Supreme Court, Special Term, New York County.

November 12, 1958.


Attorney(s) appearing for the Case

Satterlee, Warfield & Stephens (F. W. H. Adams and Donald W. Smith of counsel), for plaintiff.

Emanuel L. Gordon for American Federation of Musicians, defendant.

Baer, Marks, Friedman, Berliner & Klein (W. Bernard Richland and Stephen F. Selig of counsel), for Republic Productions, Inc., and others, defendants.


VINCENT A. LUPIANO, J.

Plaintiff and the defendant A. F. M. move by separate motions for summary judgment dismissing the second counterclaim contained in the answer of the remaining defendants and any cause of action therein for coercion and duress. Involved here is the television restriction clause contained in the several agreements in issue. All parties are desirous of obtaining a judgment declaring upon the validity and enforcibility of those agreements...

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