NAT'L TELEFILM ASSOCS., INC. v. PAMANDIA PRODS., INC.


42 A.D.2d 514 (1973)

National Telefilm Associates, Inc., Respondent, v. Pamandia Productions, Inc., et al., Appellants

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

June 5, 1973


Unlike the second counterclaim, which was properly dismissed because it seeks affirmative relief under the Federal anti-trust laws, the other pleaded counterclaims allege, inter alia, breach of contract, commingling of funds, conversion and unjust enrichment. All properly seek relief under State law and, since triable issues were raised, should not have been dismissed. Defendants' failure to comply with the notice provisions of the contract, though precluding them...

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