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CBS, INC. v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS

276 A.D.2d 337 (2000)

714 N.Y.S.2d 44

CBS, INC., Appellant, v. AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS, Respondent.

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

Decided October 17, 2000.

Plaintiff, suing for breach of contract under a licensing agreement with the American Society of Composers, Authors, and Publishers, alleges that under a "most favored nation" clause in the agreement it was entitled to the time value of its payments by reason of an agreement ASCAP signed with CBS's rival, National Broadcasting Corporation (NBC). The clause gave CBS the right to demand similar terms if a subsequently signed agreement with a rival network provided for lower...

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