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HARWYN PUB. CORP. v. GREAT AMER. INS. CO.

12 A.D.2d 399 (1961)

Harwyn Publishing Corporation, Respondent, v. Great American Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Bud Norton Associates, Inc., et al., Third-Party Defendants-Respondents

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

March 14, 1961.

Attorney(s) appearing for the Case

Henry J. Robinson, Jr., of counsel (Kelly & Donovan, attorneys), for appellant.

Irving L. Gartenberg of counsel (Jerome J. Sussman with him on the brief; Gartenberg & Ellenoff, attorneys), for respondent.

BREITEL and VALENTE, JJ., concur with BASTOW, J.; BOTEIN, P. J., and STEVENS, J., dissent in separate opinions.

BASTOW, J.

The order appealed from grants plaintiff's motion for summary judgment and directs a jury trial of the amount of damages for which judgment should be entered. Plaintiff is a book publisher. In 1958 it produced a picture encyclopedia for children. Group Promotions, Inc., was employed to compose the text material and Bud Norton Associates, Inc., was similarly employed to do the art work. In connection...

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