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SMITH v. JERRY VOGEL MUSIC CO. INC.

279 A.D. 949 (1952)

Sydney R. Smith, Respondent, v. Jerry Vogel Music Co. Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1952.

The judgment is declaratory of the rights of the parties under a written instrument they executed, dated September 29, 1944, to the effect that such instrument is null and void, and grants appropriate injunctive relief. Under the undisputed evidence any right or interest which defendant acquired under the instrument in question has been cancelled by the conduct of the parties if the literal language they employed in its third paragraph...

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