Denker v. Uhry

820 F. Supp. 722 (1992)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Denker v. Uhry

United States District Court for the Southern District of New York
820 F. Supp. 722 (1992)

Facts

Henry Denker (plaintiff) authored a novel, first published in 1979, and a play entitled Horowitz and Mrs. Washington. Denker’s story depicted a 72-year old Jewish man in New York City who suffered a stroke and needed home care. Horowitz was described as a bigot, hostile to non-Whites, and horrified to learn that his son had hired Mrs. Washington, an African American caretaker. Over the course of the story, Horowitz came to see the error of his ways, became friends with his devoted caretaker, and regained his independence. When Alfred Uhry (defendant) brought his acclaimed play, Driving Mrs. Daisy, to the stage in 1987 and to the big screen in 1988, Denker believed the work was an infringement of his own play. In Driving Mrs. Daisy, a 72-year-old Jewish woman could no longer drive herself due to her age. After she crashed her car into her neighbor’s yard, her son hired Hoke Coleburn, an African American chauffeur. Set against the backdrop of the segregated South, Mrs. Daisy was strong-willed and initially hostile toward Mr. Coleburn. Over the course of 25 years in the story, Mrs. Daisy softened her stance, recognized her devoted chauffeur was her only friend, and eventually was confined to a nursing home due to her age. Denker brought suit alleging improper appropriation. Uhry motioned for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Mukasey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 734,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 734,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 734,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership