RED SEAL PUB v. GILBERTON PUB


67 A.D.2d 339 (1979)

Webster's Red Seal Publications, Inc., Respondent-Appellant, v. Gilberton World-Wide Publications, Inc., et al., Appellants-Respondents

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

April 12, 1979


Attorney(s) appearing for the Case

Sidney Schreiberg for respondent-appellant.

Bernard Novick for appellants-respondents.

BIRNS, J. P., and SULLIVAN, J., concur with SILVERMAN, J.; FEIN, J., dissents, in part, in an opinion.


SILVERMAN, J.

In this action for an accounting by plaintiff, former owner and publisher of a magazine, against defendants, the present publishers, both sides appeal from an interlocutory judgment for an accounting rendered by the Supreme Court, Trial Term, after a nonjury trial.

On April 6, 1962, plaintiff and the corporate defendants, or their predecessor, (hereinafter "defendant") entered into a letter...

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