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WOLF v. ILLUS. ENCYCLOPEDIA

41 A.D.2d 191 (1973)

Donald D. Wolf, Respondent, v. Illustrated World Encyclopedia, Inc., Appellant

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

March 13, 1973.

Attorney(s) appearing for the Case

Sol I. Sokolsky of counsel (Jay J. Miller and Arthur March with him on the brief; McLaughlin & Stern, Ballen & Miller, attorneys), for appellant.

Leonard I. Schreiber, attorney (Abraham J. Brill with him on the brief), for respondent.

LANE and CAPOZZOLI, JJ., concur with KUPFERMAN, J.; STEVENS, P. J., and McGIVERN, J., dissent in opinion by STEVENS, P. J.

KUPFERMAN, J.

The plaintiff sues for an accounting of royalties on an illustrated encyclopedia. The court at Trial Term awarded a monetary recovery of $19,656.08.

In 1953, together with an associate, one Morehead, now deceased, plaintiff did the editorial, art and illustration work for encyclopedias and other publications for a company called National Lexicographic Board, Inc., of which plaintiff was...

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