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TELE-PAC v. GRAINGER

168 A.D.2d 11 (1991)

Tele-Pac, Inc., Plaintiff, and Video-Cinema Films, Inc., Respondent, v. Edmund C. Grainger, as Administrator C. T. A. of Raymond Rohauer, Appellant

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

May 30, 1991

Attorney(s) appearing for the Case

Herbert P. Jacoby of counsel (Lacher & Lovell-Taylor, attorneys), for appellant.

Daniel Glass of counsel (Migdal, Pollack, Rosenkrantz & Sherman, attorneys), for respondent.

ROSENBERGER, ROSS and SMITH, JJ., concur with SULLIVAN, J. P.; ASCH J., dissents in a separate opinion.

SULLIVAN, J. P.

The question presented by this appeal is whether an agreement which grants the right to distribute certain motion pictures "for broadcasting by television or any other similar device now known or hereafter to be made known" encompasses the videocassette and videodisc rights to the subject motion pictures. We hold that it does not.

On November 18, 1964, Tele-Pac, Inc., entered into an agreement...

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