TUFAMERICA, INC. v. EMI UNART CATALOG, INC.

4898, 651197/11.

155 A.D.3d 434 (2017)

63 N.Y.S.3d 236

2017 NY Slip Op 07776

TUFAMERICA, INC., Respondent, v. EMI UNART CATALOG, INC., Appellant.

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

Decided November 9, 2017.


Defendant music publisher failed to establish prima facie that plaintiff music publisher did not own the exclusive administration rights to certain songs by George Patterson, a musician and composer, who died in 2003 (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). It was not plaintiff's burden on defendant's motion to prove that it owned those rights (id.). Defendant failed to demonstrate either the invalidity...

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