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In re Rhythm Method Enterprises

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1997
235 A.D.2d 210 (N.Y. App. Div. 1997)

Opinion

January 7, 1997.

Order, Supreme Court, New York County (Stuart Cohen, J.), entered October 11, 1995, which granted respondents' motion to confirm the Special Referee's report and denied appellant's cross motion to reject the report, and order, same court and Justice, entered October 12, 1995, which denied appellant's motion for, inter alia, a declaration that it is entitled to 40% of a payment respondent Ridenhour received in settlement of a Federal court copyright infringement action, unanimously affirmed, without costs.

Before: Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.


Contrary to appellant's contention, the record fully supports the Referee's findings. Appellant's request for attorneys' fees was properly denied since the stipulation in issue did not provide for recovery thereof and the record does not support appellant's contention that respondents engaged in frivolous or contumacious conduct. The court also properly determined, without a hearing, that appellant is not entitled to share in the payment made to Ridenhour in settlement of his Federal copyright infringement action, the parties' stipulation in this action being unambiguous in its preclusion of any such claim, and it being clear that the payment made to Ridenhour did not constitute a license fee.


Summaries of

In re Rhythm Method Enterprises

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1997
235 A.D.2d 210 (N.Y. App. Div. 1997)
Case details for

In re Rhythm Method Enterprises

Case Details

Full title:In the Matter of the Dissolution of RHYTHM METHOD ENTERPRISES, LTD. PPX…

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

Date published: Jan 7, 1997

Citations

235 A.D.2d 210 (N.Y. App. Div. 1997)