FEDER v. CALIGUIRA


8 N.Y.2d 400 (1960)

Mannie Feder, Doing Business as Beam Music Co., Respondent, v. Frank Caliguira, Doing Business as Frank's Pizzeria and Restaurant, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 1960.


Attorney(s) appearing for the Case

Jesse B. Hecht for appellant.

Aaron D. Bernstein and Charles E. Bernstein for respondent.

Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.


FULD, J.

In September of 1955, the defendant Caliguira, operating a pizzeria and restaurant in Brooklyn, entered into a written contract with the plaintiff Feder providing for the installation in his premises of an automatic coin-operated phonograph, a juke box, "for the duration of [the] agreement and any renewal term thereof". The agreement provided for the parties to share the gross proceeds of the machine...

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