STONE v. GOODSON


8 N.Y.2d 8 (1960)

Sidney Stone, Appellant, v. Mark Goodson et al., Doing Business as Goodson-Todman Productions, Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1960.


Attorney(s) appearing for the Case

Otis Mark Waters for appellant.

Milton Pollack, Warren S. Tenney, Samuel N. Greenspoon and Francis E. Koch for respondents.

Judges DYE and FOSTER concur with Judge BURKE; Judge VAN VOORHIS concurs in result in a separate memorandum; Chief Judge DESMOND and Judges FULD and FROESSEL dissent and vote to reverse and to grant summary judgment in favor of plaintiff with this memorandum: There is no triable issue presented. The record unequivocally established that the defendants' show, "The Price Is Right", is based upon and constitutes the use of the plaintiff's submission to the defendants of his proposed television program.


BURKE, J.

In this action for breach of a written contract the Appellate Division has reversed Special Term's order granting summary judgment for the plaintiff and certified the following question — "Was the order of this Court * * * properly made?" We are of the opinion that a triable issue is presented, and, therefore, answer the question certified in the affirmative.

On December 7, 1953 plaintiff...

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