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GATES v. BILLBOARD PUBL'N, INC.

81 A.D.2d 776 (1981)

David Gates, Respondent, v. Billboard Publications, Inc., Now Known as BPI Publications, Inc., Appellant

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

May 12, 1981

There are triable questions of fact as to whether plaintiff has fully performed his obligations, and whether defendant's refusal to publish plaintiff's book in the form proposed by plaintiff was justified in the circumstances and made in the good faith exercise of its right of editing, and whether such refusal excused further performance by plaintiff. The more difficult question is whether any useful purpose would be served by resolving...

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