BALL v. UNITED ARTISTS CORP.


13 A.D.2d 133 (1961)

Thomas Ball et al., Respondents, v. United Artists Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 25, 1961.


Attorney(s) appearing for the Case

Walter S. Beck of counsel (Albert F. Smith with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellants.

Maurice Shire of counsel (Jonas Ellis with him on the brief; Emil K. Ellis, attorney), for respondents.

BOTEIN, P. J., VALENTE, McNALLY and BASTOW, JJ., concur.


EAGER, J.

This is an appeal by defendants from an order entered December 28, 1960, denying in all respects their motion for summary judgment dismissing the complaint and for vacatur of notices of examination served by plaintiffs.

The action is at law to recover money damages for alleged wrongful use by defendants of the title "China Doll" as the title of a motion picture released, distributed and shown...

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