ELLINGTON v. EMI MUSIC INC.

9028, 651558/10.

106 A.D.3d 401 (2013)

964 N.Y.S.2d 141

2013 NY Slip Op 3158

PAUL M. ELLINGTON, Appellant, v. EMI MUSIC INC. et al., Defendants, and EMI MILLS MUSIC, INC., Respondent.

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

Decided May 2, 2013.


This breach of contract action was brought to recover royalties allegedly due under a December 17, 1961 songwriter royalty agreement. The agreement designates the legendary Edward Kennedy Ellington, known professionally as Duke Ellington, and named members of his family (collectively Ellington) as the "First Parties." A group of music publishers consisting of Mills Music, Inc., American Academy of Music, Inc., Gotham Music Service, Inc., their predecessors in interest and...

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