REBACK v. STORY PRODS.


15 Misc.2d 681 (1958)

Janet M. Reback, Also Known as Taylor Caldwell, et al., Copartners Doing Business under the Name of Reback and Reback, Plaintiffs, v. Story Productions, Inc. et al., Defendants.

Supreme Court, Special Term, New York County.

December 12, 1958.


Attorney(s) appearing for the Case

Alfange & Friedman for plaintiffs.

Cleary, Gottlieb, Friendly & Hamilton (George Stinson and Edwin L. Gasperini of counsel), for Story Productions, Inc., defendant.


SAUL S. STREIT, J.

This is a motion to dismiss, as insufficient, the separate, distinct and complete defense and counterclaim (pars. 15-21) pleaded in the amended answer of defendant Story Productions, Inc.

The theory of the complaint is that the defendant violated the agreement between the parties by failing in its alleged obligation to produce, or cause to be produced, a motion picture based on the...

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