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WELCH v. MR. CHRISTMAS INC.

85 A.D.2d 74 (1982)

Charles C. Welch, Respondent, v. Mr. Christmas Incorporated, Appellant

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

February 23, 1982

Attorney(s) appearing for the Case

Dennis G. Jacobs of counsel (Simpson Thacher & Bartlett, attorneys), for appellant.

James P. Costello of counsel (Peter Campbell Brown with him on the brief; James P. Costello, attorney), for respondent.

BIRNS, SANDLER and FEIN, JJ., concur; KUPFERMAN, J. P., dissents in part in an opinion.

Per Curiam.

In November, 1973, plaintiff, a professional actor, entered into a one-year contract with defendant's advertising firm for his performance in a single Mr. Christmas commercial. The contract provided for an option for the use of the commercial in the following year, 1974. Plaintiff's minimum compensation was fixed at $1,000 for use in the option year. Plaintiff brought this action after learning that the...

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