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DOODLETOP CO. v. PARADISE CREATIONS, INC.

No. 93 Civ. 873 (JFK).

823 F.Supp. 179 (1993)

DOODLETOP COMPANY, Plaintiff, v. PARADISE CREATIONS, INC. and Ira Hochroth, Defendants.

United States District Court, S.D. New York.

May 27, 1993.

Attorney(s) appearing for the Case

Cooper & Dunham, New York City (Lewis H. Eslinger, Robert B.G. Horowitz, Wendy E. Miller, of counsel), for plaintiff.

Blum Kaplan, New York City (Steven B. Pokotilo, of counsel), for defendants.

OPINION AND ORDER

KEENAN, District Judge:

Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("FRCP"), defendants have moved to dismiss plaintiff's fourth cause of action for failure to state a claim. Defendants assert that no private right of action exists under Section 33.09 of the New York Arts and Cultural Affairs Law, the basis for plaintiff's fourth claim. For the reasons set forth below, defendants' motion to dismiss is denied...

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