Combined Bronx Amusements v. Warner Bros. Pictures
| Decision Date | 21 March 1955 |
| Citation | 132 F. Supp. 921 |
| Parties | COMBINED BRONX AMUSEMENTS, Inc. v. WARNER BROS. PICTURES, Inc. |
| Court | U.S. District Court — Southern District of New York |
Gorfinkel & Adler, Yonkins, N. Y., for plaintiffs.
Louis Phillips, New York City, for Paramount.
Schwartz & Frohlich, New York City, for Columbia.
Dwight, Royall, Harris, Koegel & Caskey, New York City, for 20th Century.
Phillips, Nizer, Benjamin & Krim, New York City, for United Artists.
R. W. Perkins, New York City, for Warner Bros.
O'Brien, Driscoll & Raftery, New York City, for RKO Keith Orpheum.
J. Miller Walker, New York City, for RKO Radio Pictures.
Benjamin Meliniker, New York City, for Loews, Inc.
Defendants move under Rule 56, Fed. Rules Civ.Proc., for partial summary judgment dismissing the claims of plaintiff Combined Bronx which accrued prior to June 16, 1949, the effective date specified in certain mutual releases made between Combined Bronx and certain of the defendants on October 6, 1949.
Execution and delivery of the releases is not in dispute. By the terms of the instruments each of the parties did "mutually discharge each other" and "the respective subsidiary, parent and affiliated companies of the Distributor:" "from any and all claims, demands, controversies, etc. * * * whether or not now, or hereafter known, suspected or claimed, which against each other and said other persons and companies the respective parties ever had, now have, or their respective successors can, shall or may have or allege by reason of any act, cause, matter or thing whatsoever in connection with the above named theatres and with any other motion picture theatre or theatres now or heretofore operated by the Exhibitor, at any time. * * *" The releases are in terms clear and unambiguous; oral testimony is neither necessary nor admissible when construing them.
The complaint alleges that defendants jointly conspired in violation of the antitrust laws to plaintiff's injury and damage.
The releases given to several of the alleged conspirators operated to discharge all of the defendants herein, inasmuch as their liability is joint. Stella v. Kaiser, 2 Cir., 1954, 218 F.2d 64, 68, concurring opinion; cf. Milks v. McIver, 1934, 264 N.Y. 267, 190 N.E. 487; Rector, Church Wardens, etc., of St. James Church, etc., v. City of New York, 2 Dept. 1941, 261 App.Div. 614, 26 N.Y.S.2d 762. No factors are here present to cause to limit the doctrine that a release of one jointly liable releases all so liable.
Plaintiff now...
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