McCONNELL v. COMMONWEALTH PIC. CORP.


7 N.Y.2d 465 (1960)

Fred McConnell, Respondent, v. Commonwealth Pictures Corporation, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1960.


Attorney(s) appearing for the Case

Saul E. Rogers and Sol Ringel for appellant.

Bernard D. Bergreen, Morris H. Bergreen and Charles W. Silver for respondent.

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


DESMOND, Ch. J.

The appeal is by defendant from so much of an Appellate Division, First Department, order as affirmed that part of a Special Term order which struck out two defenses in the answer.

Plaintiff sues for an accounting. Defendant had agreed in writing that, if plaintiff should succeed in negotiating a contract with a motion-picture producer whereby defendant would get the distribution rights...

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