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COHEN v. WARNER BROTHERS RECORDS, INC.

295 A.D.2d 232 (2002)

743 N.Y.S.2d 717

MAXWELL T. COHEN, Appellant, v. WARNER BROTHERS RECORDS, INC., Respondent.

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

Decided June 20, 2002.

Plaintiff seeks to recover royalties. However, the documentary evidence, namely, a contract dated June 24, 1968, as amended on February 11, 1970, shows that defendant's obligation to pay royalties ceased more than six years before plaintiff brought this action. Therefore, plaintiff's breach of contract claim is time-barred (CPLR 213 [2]; Rachmani Corp. v 9 E. 96th St. Apt. Corp., 211 A.D.2d 262, 267), as is his claim for an accounting...

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