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LANE v. MERCURY RECORD CORP.

21 A.D.2d 602 (1964)

Richard Lane, as Administrator of The Estate of Dinah Washington, Deceased, Respondent, v. Mercury Record Corporation, Appellant

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

October 13, 1964.

Attorney(s) appearing for the Case

Sanford M. Katz of counsel (Eleanor Jackson Piel with him on the brief (Paul J. Kern and Donner & Piel, attorneys), for appellant.

Alan Kahn of counsel (Martin J. Machat, attorney), for respondent.

BREITEL, J. P., McNALLY, STEVENS and EAGER, JJ., concur.

VALENTE, J.

In this action, plaintiff seeks to compel defendant to account for royalties claimed to be due from the sale of phonograph records embodying the performance of a vocalist, plaintiff's intestate. A motion was made to dismiss the complaint for insufficiency on the ground that no cause of action for equitable relief was alleged. Plaintiff opposed the motion, insisting that the facts stated were sufficient to maintain an action for equitable relief...

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