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Songbyrd v. Estate of Grossman

(1998)

United States District Court for the Northern District of New York - 23 F.Supp.2d 219

tl;dr:

The statute of limitations begins running at the time of conversion.

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Facts & HoldingSongbyrd v. Estate of Grossman case brief facts & holding

Facts:Henry Byrd was a musician. He recorded several of his...

Holding:The statute of limitations began at the time of the...

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Songbyrd v. Estate of Grossman | Case Brief DeepDive
Majority opinion, author: HOMER, United States Magistrate Judge.
Level 1
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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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