Paul M. Ellington, Appellant v. EMI Music, Inc., Defendants, and EMI Mills Music, Inc., Respondent

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the royalty provision and the definition of "any other affiliate" in the 1961 copyright renewal agreement are clear and unambiguous, so the plaintiff failed to state a viable breach‑of‑contract claim. The court also noted that the plaintiff's fraudulent concealment claim was abandoned and his good‑faith claim was unpreserved.