SHAW v. WILLIAMSVILLE MANOR


38 A.D.2d 442 (1972)

Gerald J. Shaw, Appellant, v. Williamsville Manor, Inc., Respondent

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

April 13, 1972.


Attorney(s) appearing for the Case

Basil Tzetzo and Dimitri J. Tzetzo for appellant.

Oscar Smukler (Diebold & Millonzi, by F. James Kane, Jr., of counsel), for respondent.

MARSH, J. P., WITMER, MOULE and CARDAMONE, JJ., concur.


HENRY, J.

Plaintiff, an architect, appeals from a Special Term order and judgment dismissing his complaint in an action to recover damages from defendant because of its unauthorized use of building plans in violation of his common-law copyright therein. In dismissing plaintiff's complaint Special Term held that the filing of the plans with a Village Clerk constituted a publication thereof, resulting in the loss...

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