MONTGOMERY v. FUTURISTIC FOODS


66 A.D.2d 64 (1978)

Robert L. Montgomery, Respondent, v. Futuristic Foods, Inc., et al., Appellants

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

December 26, 1978


Attorney(s) appearing for the Case

Goidel, Goidel & Helfenstein, P. C. (T. Alan Wyle of counsel), for appellants.

Daniel J. Pinsky for respondent.

COHALAN, HAWKINS and O'CONNOR, JJ., concur.


SHAPIRO, J. P.

In an action to recover damages for breach of contract and unfair competition, based upon defendants' unlawful sale of cassette tapes to the general public, to which tapes plaintiff claims to have a common-law copyright, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (COMPOSTO, J.), "as dismisses the affirmative defense of the violation...

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