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HINDLIN v. PRESCRIPTION SONGS, LLC

11356.

182 A.D.3d 434 (2020)

122 N.Y.S.3d 278

2020 NY Slip Op 02186

Jacob Hindlin, Respondent, v. Prescription Songs, LLC, et al., Appellants, et al., Defendants.

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

Decided April 2, 2020.

The documentary evidence defendants offer in support of their motion does not utterly refute plaintiff's factual allegations or conclusively establish a defense as a matter of law (Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]). Those documents show that confirmation of mechanical royalty rates, for purposes of Major Delivery Release Commitment (MDRC) fulfillment, must come directly from the record company, but...

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