NOTICE Of' ENTRY lnde.'< No. Year .

19

Sir: -Please take notice that the within is a (certified)

4085 77
true copy of a CO T : , EV YO K COUNTY
duly entered in the office of the clerk of the within
Wlmed court on 19
"
Dated, me .. nd not DYL/t.l '
Yours, etc.,
DAVID S. MICHAELS
Attorne)' for

Office and Post Office Addrm

342 Madison Avenue
Boroug h of Manhattan New York, N. Y. 10017

To

Auorney(s) for

NOTICE OF Sl:TTU:MCNT

Sir:-Please take notice that an order

: u :: ......
of which the within is a true copy will be presented
for settlement to the Hon. DAVIDS. MICHAEL.S
Attorna)• f or • ") • t. • ,• \ut
.l 1 .J.
one of the judges o f the within named Cou rt, at
Offica a11d Post Ottk-,i-k~sl.•\lelephone
342 Madison Avenue
on the day of 19
Borough of Manhattan New York. N. Y. 10017'
at M. (212) 8 67-11 70
Dated,
To
Yours, etc.,
DAVIDS. MICHAELS Anorney(s) for
Atcnrney fo r

Offi::e and Post Office Addrm Service of a copy of the witWn

342 Madison Avenue ia hereb y ac!mitted.
Boro~h New York, N. Y. 10017
,..
of Manhattan Dated,

To
Attorncy(s) for
Attom ey(s) for

e;, 1 t.OO-UCEL•IOA•L&Q4-L aTA1'10U C:R'"/ CO., INC .. e.a WHITE e T._. U. T.,
 if:) 1973 JULIUS BLUMBltRO. INC.

'·
'
STATE OF NEW YORK, COUNTY OF SS. :

The undersigned, an attorney admitted to practice in the courts of New York State,
Certifle;1tion certifies that the within
D By Attorney
has been compar ed by the undersigned with the original and found to be a true and complete cop y.
Attorney's shows: deponent is
Affi rmation the attorney ( s) of record for
in the within act.f an ; dep onent has r ead the fo reizoing
a nd knows the conten ts thereof ; Lite same is
true to d<'p onenl's own knowledge, except as to Lite matters therein sta ted to be alle.,.ed on informat ion and hclicf,
and that as Lo those matters deponent b elieves it to be true. This verification is mad'e hy <lcponenl a nd not lay

T he grounds o f deponent's belief as to all ma tters not stated upon dcponrnt's kn owledge a rc as follows :

The unders igned affirms that th e for egoing statements are true, under the penalties of perjury.
Dated:
The name signed must be printed beneath

STATE OF NEW YORK, COUNTY OF SS.:

being duly sworn. deposes and says : deponent is

ll
m
D Individual
Verification
the in the within acti on ; deponent hn!" read
the fo rego ing an d knows the contents thereof ; the same is tru r to
dep onent's own kn owledge, except as t o the matters ther ein sta ted to be alleged o n information and liclief, aml as
Lo th ose mallers deponent believes it lo be Lrue.
...ll D the
Corporate of
u Verification
a corporation, in the within action ; deponent hns read the
foregoing and knows the contents thereof ; nnrl thr same
is true to dcponcnt's own knowledge, except as t o t he ma tters Llterein slated t o be alleged upon information and
belief, ancl us t o those matters deponent believes it to be true. This verification is made b y deponent because
is a corporation and deponent is a n o fTic<'r thereof.
The gro unds of deponcnt's belief as to all matters not stated upon deponent's knowledge are as fo llows:

Sworn t o before me on 19
The name signed must b• ptlnhd b•nra th

STATE OF NEW YORK, COUNTY OF ss. :

NEW YORK
CLARA B • MEYER being duly sworn, deposes nnd says : deponent is n ot a p arty to the action,
ii; over 18 years of age and resides at Brooklyn, Rew Yor k
Affidavit On l.Wrcl 4 J~ I 19 78 dep onent served the within
D ofSuvic•
By Mail upon Hardee BABOVIClC, IDHECU .& BRAUN • S SQS • •
attorney fsTTor rf aint:.iffs fn"""ffiis acllon, at One n• a Hammarskiold PlalYa
Mew York Qew ---rcrlt 10017 the adaress cleSJ~ateol:lf said -atrnrnef(s) !or that.purpose
by depos itinp; n f rue copy of same enclosed in a post-p aid properly addressed wrap per, in a,m~"f)tf/f!r> - o/TiciaJ
de pository under Lite exclusive care and custody of the United States P ostal Serv ice within the Sta te of New York.
Affidavlt On 19 at
of P•rsonal
Service de ponent served the willtln upon
the
herein, by delivering a true cop y thereof to h perso nally. Dep onent knew the
person so served to he Lite person mentioned a nd described in said papers as the therein.

Sworn to before me on Karch l~ 19 78 ...............................................................................

The namo signed must be ptinted beneath
 ... -.

,
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

--------------------------------------
CBS INC. and BOB DYLAN, Index No. 24085/77

Plaintiffs,

-against- ANSWER

FOLKWAYS RECORDS AND SERVICE CORP.

ALAN JULES .WEBERN.AN, MOSES ASCH,
BROADSIDE MAGAZINE and GORDON FRIESEN
and AGNES CUNNINGH.~1, individually and
doing business as BROADSIDE Jv!AGAZINE,
and JOHN DOEs 1 through 100,

Defendants.

- -- - --- --- -- -- -- - --- -.--- -- - - - -- - - -- - -

Defendant> ALAN JULES WEBERHAN, by his attorney,

DAVID S. MICHAELS, as and for his Answer to the complaint

herein, states as follm·rn:

l. Defendant, ALAl'l JULES WEBERJvLD.N, is without knm·1ledge

sufficient to admit or deny the allegations of Paragraphs l, 2

and 3 of the complaint herein.

2. Defendant, ALAN JULES WEBERMAN, admits the allegations

of Pargraph --4. o_f ~l].e comelaint herein.

3. Defendant, ALAN JULES WEBERL'1.AN, is without knowledge

sufficient to admit or. deny the allegations of Paragraphs 5, 6,

 ·' •,

7, 8, 9 and 10 the the complaint herein.

4. Defendant.; 'ALAN JULES WEBERMAN, denies the al·lega tions

of Paragraph 11 and specifically denies the allegations of the

general paragraph thereof and of all of the allegations of sub-

paragraphs a) through j) of the complaint herein.

5. Defendant, ALAN JULES WEBER1'1AN, is without knowledge

SJfficient to admit or deny the allegations of Paragraphs 12, 13

nad 14 of the complaint herein.

6. Defendant, ALAN JULES WEBER1'L<IJ'l, admits the allegations

of Paragraph 15 of the complaint herein to the effect that CBS INC.

previously brought an action against this defendant and admits

that said defendant executed an agreement representing that he

did not duplicate, advertise, distribute or sell any recordings

of plaintiff BOB DYL.Al~'S songs. Defendant, ALAN JULES WEBEP~!AN,

denies violation of that agreement and all other allegations

of Paragraph 15 of the complaint herein.

7. Defendant, ALAN JULES WEBERMAN, denies the allegations

of Paragraph 16 of the complaint herein.

8. Defendant, ALAN JULES WEBERMAN, denies that he performed

any of the acts specified in Paragraph 17 of the complaint herein.

9. Defendant, ALAN JULES WEBE&'1AN, admits that the "offending

record" consists predominantly of a conversation between DYLAN

and WEBER.MAN. Defendant denies that the recording is abusive,

surreptitiously recorded, and denies all of the other allegations

-2-
of Paragraph 18 of the complaint herein.

10. Defendant, ALAN JULES WEBERMAN, admits the allegations

of Paragraph 19 of the complaint herein to the effect that the

"offending record" contains no songs composed or performed by

plaintiff DYLAN and defendant admits that the conversation between

WEB"Efu'1AN and DYLAN occurred in 1970 or 1971 and denies all the

other allegtaions of said Paragraph 19.

11. Defendant, ALAN JULES WEBERHAl'l, denies the allegations

of Paragraph 20 of the complaint herein.

12. ·Defendant, ALAN JULES WEBERMAN, is without knowledge

rufficient to admit or deny the allegations of Paragraph 21 of

the complaint herein.

13. Defendant, ALAN JULES WEBERHAN, admits that the brochure

specified within Paragraph 22 of the carplaint herein contains a

transcript of an interview between FRIESEN and \IBBERMAN, but

defendant denies that any of his statements therewithin are

libelous or defamatory. Further, defendant denies knowlege

sufficient to admit or deny the allegations with regard to the

photographs referred to within Paragraph 22 and specifically

denies that a statement that "Dylan is one of the wildest,

gonest, and freakiest studs that ever stomped through the pages

of history," is in fact defamatory or libelous.

14. Defendant, ALAN JULES WEBERM.Ai'l, denies knowledge sufficient

to admit or deny the allegations of Paragraph 23 of the complaint,

-3-
 15. Defendant, ALAN JULES WEBERMAl'l, is without knowledge

sufficient to ather admit or deny th~ allegations of Paragraph

24 of the comp laid: herein to the effect that the ·reco:r::ding com-

plained of was furnished to FOLKSWAYS by BROADSIDE. Defendant

admits the allegations of Paragraph 24 to the effect that he

furnished a copy of the recording to defendant FRIESEN.

16. Defendant, ALAN JULES WEBEfil'lAN, denies the allegations

of Paragraph 26 of the complaint herein to the effect that he

performed any of the acts complained of therewithin.

17. Defendant, ALAN JULES BEBEfillA.N, denies the allegations

of Paragraph 27 of the co~plaint herein to the effect that he

-
performed any of the acts complained of therewitbin, Defendant
alleg~tioµs of the seconcj ~entence of Paragraph 27 .
.admits
~ . ~-
.the
.... - - •, _. . ' . ' . . .. . '

18. '' WEBEfillAN, denies the allegations

Defendant, ALAN JULES

of Paragraphs 28, 29, 30 and 31 of the complaint herein.

19. Defendant, ALAN JULES ·wEBERMAN, denies the allegations

of Paragraph 33 of the complaint herein to the effect that he

performed any of the acts complained of therewithin.

20. Defendant, ALAN JULES WEBERMAN, denies the allegations

of Paragrapsh 24, 35, 36, 38, 39, 40 and 42 of the complaint

herein.

21. Defendant, ALAN JULES WEBEfillAN, is without knowledge

sufficient to admit or deny the allegations of Paragraph 43

of the complaint herein.

-4-
 22. Defendant, ALAN JULES WEBER.MAN, denies the allegations

of Paragraphs 44, 45 and 46 of the complaint herein.

23. Defendant, ALAN JULES WEBER11AN, admits the allegations

of Paragraph 48 of the complaint herein to the effect that the

"offending record 11 does not contain any songs written or per-

formed by DYLAN, and in fact principally contains a record of

a telephone conversation between DYLAi'l and WEBER1,!AN made in

1970 or 1971, but defendant denies all of the other allegations

of Paragraph 48.

24. Defendant, ALAN JULES WEBERMAi'l, denies the allegations

of Paragraphs 49, 50 and 51 of the complSint herein.

25. Defendant,ALAN JULES WEBEfu'1AN, is without knowledge

sifficient to admit or deny the allegations of Paragraph 53 of the

complaint herein.

26. Defendant, ALAN JULES WEBERMAN, denies the allegations

of Paragraphs 54, 55, 56, 58, 59, 61, 62, 63, 65, 66, 67, 69,

70 and 72 of the complaint herein.

27. De/'ndant, ALAN JULES WEBERMAN, denies knowledge

sufficient to admit or deny the allegations of Paragraph 74 of

the complaint herein.

28. Defendant, ALAN JULES WEBERI'LAN, denies the allegation

of Paragraph 75 of the complaint herein.

29. Defendant, ALAN JULES WEBERMAN, is without knowledge

sufficient to admit or deny the allegations of Paragraph 77 of

-5-
 • ..

the complaint herein.

30, Defen6ant, ALAN JULES WEBEfil'L~N, denies the allegations

of Paragraph 78, 79, 81, 82 and 84 of the complaint herein.

31. Defendant, ALAN .JULES WEBERMAN, denies knowledge

sifficient to admit or deny the allegations of Paragraph 86

of the complaint herein.

32. Defendant, ALAN JULES WEBERMAN, denies the allegations

of Paragraph 87 of the complaint herein.

33. Defendant, ALAN JULES WEBETu.'1AN, denies the. allegation

of Paragrq:h 89 of the complaint herein and specifically denies

that the representations referred to therewithin were untrue

and denies that they were violative. Further, defendant denies

knowledge of their falsity and denies that such representations

were made with intent to deceive and defraud.

34. Defendant, ALAN JULES WEBEfil'lAN, denies the allegations

of Paragraphs 80, 92 and 93 of the complaint herein,

WHEREFORE, defendant, ALAN JULES WEBERMAN, demands

judgment dismissing the complaint herein as against him and for

•.

s.ich other and further relief as to the Court may seem just and

proper together with counsel fees and the costs and disbursements

incurred by said defendant in this action.

DAVID S, MICHAELS,
Attorney'.for Defendant
ALAN JULES WEBEfil'IAN
342 Madison Avenue
Ne~v York, New York 10017
(212) 867 - 1170