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BENTLEY v. TEXTILE BANKING

26 A.D.2d 112 (1966)

Fiona Bentley et al., Doing Business under the Name of Fiona Bentley Productions, Appellants, v. Textile Banking Company, Inc., Respondent

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

June 28, 1966.

Attorney(s) appearing for the Case

Leo E. Falkin of counsel (Young, Kaplan & Edelstein, attorneys), for appellants.

Arthur A. Greenfield of counsel (Frederic P. Houston with him on the brief; Otterbourg, Steindler, Houston & Rosen, attorneys), for respondent.

BOTEIN, P. J., EAGER, STEUER and CAPOZZOLI, JJ., concur.

Per Curiam.

Plaintiffs are partners who were in the business of producing tape recordings, sometimes called "masters", to be used for the manufacture of phonograph records. Plaintiffs did not themselves make any records but instead allowed others to use the tapes under some royalty arrangement. On June 8, 1961, plaintiff entered into an agreement with a company now known as Riverside Record, Inc. (herein Riverside) in

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