Roy Music Co. v. Leo Feist, Inc. 258 A.D. 951

The plaintiff having taken the position that its action is based solely on the claim of unfair competition, the second defense is stricken out as insufficient. Order unanimously modified by granting the motion to strike out the second defense, and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellant. Present — O’Malley, Glennon, Untermyer, Dore and Callahan, JJ.