SAVOY RECORD v. CARDINAL EXP.


37 Misc.2d 326 (1962)

Savoy Record Company, Inc., Plaintiff, v. Cardinal Export Corp., et al., Defendants.

Supreme Court, Special Term, New York County.

October 11, 1962


Attorney(s) appearing for the Case

Walter Hofer and Thomas R. Levy for plaintiff. Mortimer G. Levine for Cardinal Export Corp., defendant.


VINCENT A. LUPIANO, J.

Defendant Cardinal Export Corp. moves for dismissal of the complaint for legal insufficiency. In the first cause of action plaintiff seeks the recovery against the moving defendant as guarantor of the minimum royalties due under the written agreement and by the second cause of action the recovery of damages resulting from breach of the agreement. The writing provided that "This agreement...

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