81 A.D.2d 772 | N.Y. App. Div. | 1981
— Order, Supreme Court, New York County, entered January 23, 1981, which, to the extent appealed from, enjoined, pendente lite, the defendants from making any further sales, distribution or printing of any reprinted hardcover copies of the bvok “La Technique” and denied the cross motion by defendants the New York Times Company and Crown Publishers, Inc., to dismiss the action as to them, unanimously reversed, on the law and the facts, motion for preliminary injunction denied and complaint dismissed against the New York Times Company and Crown Publishers, Inc., with costs. Bookthrift, Inc. (Bookthrift), a division of plaintiff Gulf & Western Corporation (G&W), and Quadrangle/the New York Times Book Company, Inc. (Quadrangle), entered into a letter agreement dated December 8, 1977, which provides in pertinent part: “This letter will confirm my conversation with John Gallagher concerning our agreement