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ELLINGTON v. EMI MUSIC, INC.

No. 156

24 N.Y.3d 239 (2014)

21 N.E.3d 1000

997 N.Y.S.2d 339

2014 NY Slip Op 07197

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

Court of Appeals of New York.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Scarola Malone & Zubatov LLP, New York City ( Richard J.J. Scarola and Alexander Zubatov ), for appellant.

Pryor Cashman LLP, New York City ( Donald S. Zakarin , Bryan T. Mohler and Benjamin S. Akley of counsel), for respondent.

Judges GRAFFEO, READ and PIGOTT concur; Judge SMITH concurs in result in an opinion; Judge RIVERA dissents and votes to reverse in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

In this breach of contract action, we have been asked to interpret the terms of a royalty provision contained in a 1961 United States copyright renewal agreement between the legendary Edward Kennedy "Duke" Ellington (Duke Ellington) and Mills Music, Inc....

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