133 N.Y.S. 293 | N.Y. App. Div. | 1912
The complaint alleges that plaintiff was in August, 1905, and still is the owner of an undivided one-half interest in a certain play and the manuscript thereof, including all rights of production and revenue therefrom; that such play and manuscript and rights of production constitute valuable property rights, the privilege and license to. produce said play being much sought after by managers, play brokers and theatrical agents; that the defendants (being two individuals and three
The order appealed from must he reversed, with ten -dollars costs and disbursements, and the motion to overrule the demurrer denied, with ten dollars costs, with leave to plaintiff to amend her complaint within twenty days .upon payment of costs in this court and at "Special Term.
Ingraham, P. J., Laughltn and Miller, JJ., concurred; Clarke, J., concurred solely upon the ground that the complaint does not state facts sufficient to constitute a cause of action.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to plaintiff to amend on payment of costs.