Screen Gems-Columbia Music, Inc. v. Hansen Publications Inc.

Decision Date18 December 1974
Docket NumberGEMS-COLUMBIA
Citation364 N.Y.S.2d 889,35 N.Y.2d 885
Parties, 324 N.E.2d 359 SCREENMUSIC, INC., et al., Respondents, v. HANSEN PUBLICATIONS, INC., et al., Appellants, and Columbia Pictures Industries, Inc., et al., Defendants.
CourtNew York Court of Appeals Court of Appeals

Order, 42 A.D.2d 897, 347 N.Y.S.2d 703, affirmed, with costs. The granting of partial summary judgment, and the severance of so much of the case in which summary judgment was granted, was well within the discretion of the Appellate Division (CPLR 3212, subd. e).

All concur, except STEVENS, J., taking no part.

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4 cases
  • Stuckhardt v. N.Y.C. Bd. of Educ.
    • United States
    • New York Supreme Court — Appellate Division
    • October 1, 2010
    ...v. Tishman Constr. Corp. of NY, 163 A.D.2d 196 [1990];see also Screen Gems–Columbia Music v. Hansen Publ., 42 A.D.2d 897 [1973],affd35 N.Y.2d 885 [1974] ). Plaintiff also made no showing that the proof with respect to each action overlapped, and that there was a sufficient identity of facts......
  • Iacovacci v. Brevet Holdings, LLC
    • United States
    • New York Supreme Court — Appellate Division
    • April 21, 2022
    ...159 [2d Dept. 1988] ; Screen Gems–Columbia Music, Inc. v. Hansen Publ., 42 A.D.2d 897, 898, 347 N.Y.S.2d 703 [1st Dept. 1973], affd 35 N.Y.2d 885, 364 N.Y.S.2d 889, 324 N.E.2d 359 [1974] ). In light of the federal action, there is no need to add defendants’ proposed allegations, and needles......
  • Joshua v. McGrath, Application of
    • United States
    • New York Court of Appeals Court of Appeals
    • December 18, 1974
  • Heydt Contracting Corp. v. Tishman Const. Corp. of New York
    • United States
    • New York Supreme Court — Appellate Division
    • July 12, 1990
    ...Gems--Columbia Music, Inc. v. Hansen Publications, Inc., 42 A.D.2d 897, 347 N.Y.S.2d 703, (1st Dept.1973), aff'd. 35 N.Y.2d 885, 364 N.Y.S.2d 889, 324 N.E.2d 359 (1974). Moreover, the issues in the negligence action concern facts arising prior to and at the time of the fire, whereas the iss......

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