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United States District Court for the Northern District of New York - 23 F.Supp.2d 219
Tags: Property, Conversion, Statute of limitation
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The case involves a dispute over ownership and use of master recordings of musical performances made by "Professor Longhair" in the 1970s. Songbyrd seeks monetary damages and a declaration of rights in the recorded music tracks, but Bearsville Records, who has had physical custody of the tapes since the 1970s, filed a motion for summary judgment on the ground that the action is barred by the statute of limitations. The court granted the defendant's motion for summary judgment. The case was originally filed in Louisiana state court in 1995, transferred to the Northern District of New York, and the present motion for summary judgment was filed by Bearsville. The court will apply the summary judgment standard to decide the case. The law of the forum in which the transferee court sits applies, as the transfer was made because the original court lacked personal jurisdiction over the defendant. Both parties agree that New York law governs the disposition of the case.
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