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La Varre v. Warner Bros. Pictures, Inc.

Court of Appeals of the State of New York
Dec 28, 1939
24 N.E.2d 850 (N.Y. 1939)

Opinion

Argued November 20, 1939

Decided December 28, 1939

Appeal from the Supreme Court, Appellate Division, First Department, LEARY, J.

Stephen Callaghan, Ralph Stout and Thomas A. Gaffney for appellant.

George E. Quigley, Stanleigh P. Friedman and Harold Berkowitz for respondent.



Upon a reading of the record it cannot be said as a matter of law that the evidence does not present a question of fact which must in the first instance be submitted to the jury. The character of the negotiations between the parties, and defendant's consequent access to plaintiff's works, together with the basic similarities in the structures of the stories of plaintiff and those produced by defendant, are sufficient to require that the case be submitted to the jury.

The judgments should be reversed and a new trial granted, with costs to abide the event. (See 282 N.Y. 622.)

CRANE, Ch. J., HUBBS LOUGHRAN, FINCH and RIPPEY, JJ., concur; LEHMAN, J., dissents; O'BRIEN, J., taking no part.

Judgments reversed, etc.


Summaries of

La Varre v. Warner Bros. Pictures, Inc.

Court of Appeals of the State of New York
Dec 28, 1939
24 N.E.2d 850 (N.Y. 1939)
Case details for

La Varre v. Warner Bros. Pictures, Inc.

Case Details

Full title:WILLIAM LA VARRE, Appellant, v. WARNER BROS. PICTURES, INC., Respondent

Court:Court of Appeals of the State of New York

Date published: Dec 28, 1939

Citations

24 N.E.2d 850 (N.Y. 1939)
24 N.E.2d 850

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