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FREUND v. WASHINGTON SQ. PRESS

41 A.D.2d 371 (1973)

Philip Freund, Respondent, v. Washington Square Press, Inc., Appellant

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

May 8, 1973.

Attorney(s) appearing for the Case

Joel T. Camche of counsel (Ellis B. Levine with him on the brief; Selig J. Levitan, attorney), for appellant.

Janet Fine Cotton for respondent.

McGIVERN and CAPOZZOLI, JJ., concur with KUPFERMAN, J.; LANE, J., dissents in an opinion in which STEVENS, P. J., concurs.

KUPFERMAN, J.

This action was originally instituted under the New York simplified procedure for court determination of disputes (CPLR 3031 et seq.), provided for in a publishing agreement, pursuant to which plaintiff sought specific performance for the publication of his manuscript.

The plaintiff is an author and associate professor at Fordham University. On May 3, 1965, he entered into an agreement...

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