Opinion · Nylaw New York

METROPOLITAN OPERA v. WAGNER-NICHOLS RECORDER, 279 App. Div. 632 (1951)

Metro. OPERA Ass’n, INC., et al., Respondents, & COLUMBIARECORDS, INC., Intervener, Respondent, v. WAGNER-NICHOLS RECORDER CORP. etal., Appellants, et al., Defendants., 279 A.D. 632 (Appellate Division of the Supreme Court of New York, First Department. 1951)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1951-11-07
Topic
general

METROPOLITAN OPERA v. WAGNER-NICHOLS RECORDER, 279 App. Div. 632 (1951) METROPOLITAN OPERA ASSOCIATION, INC., et al., Respondents, and COLUMBIARECORDS, INC., Intervener, Respondent, v. WAGNER-NICHOLS RECORDER CORP. etal., Appellants, et al., Defendants.Appellate Division of the Supreme Court of New York, First Department. November 7, 1951.

Citator

UpLaw has not yet analyzed METROPOLITAN OPERA v. WAGNER-NICHOLS RECORDER, 279 App. Div. 632 (1951). The absence of a flag is not a finding that it is good law.

METROPOLITAN OPERAv.WAGNER-NICHOLS RECORDER,279 App. Div. 632(1951)
METROPOLITAN OPERA ASSOCIATION, INC., et al., Respondents, and COLUMBIA
RECORDS, INC., Intervener, Respondent,v.WAGNER-NICHOLS RECORDER CORP. et
al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.
November 7, 1951.
Page 633
Appeal from Supreme Court, New York County.
Per Curiam.
The Special Term was right in holding that the complaint sets forth a single cause of action in which Metropolitan Opera Association, Inc., and American Broadcasting Company, Inc., might properly join in asserting common rights. The court likewise was authorized in granting permission to Columbia Records, Inc., to intervene as a party plaintiff.

Defendants' acts, as alleged in the complaint, constitute a misappropriation of the work, skill, expenditure and good will of plaintiffs, and present a case of unfair competition. Moreover, upon this record, these property interests of plaintiffs are entitled to protection by injunctionpendente liteagainst acts of infringement induced by defendants' unfair course of business (International News Servicev.Associated Press,248 U.S. 215;Fisherv.Star Co.,231 N.Y. 414;Madison Square GardenCorp.v.Universal Pictures Co.,255 App. Div. 459).

The orders should in all respects be affirmed, with $20 costs and disbursements.

Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ., concur.

Orders unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. [199 Misc. 786.] [Seepost, pp. 646, 790.]