ROBINSON v. VIACOM INT'L, INC.


242 A.D.2d 481 (1997)

663 N.Y.S.2d 817

Tom Robinson et al., Appellants, v. Viacom International, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 23, 1997


The IAS Court properly dismissed plaintiffs' copyright claim as having been finally determined in the prior Federal court action (Robinson v Viacom Intl., 1995 US Dist LEXIS 9781 [SD NY, July 13, 1995, Patterson, J., 93 Civ 2539 (RPP)]), and plaintiffs' fraud claim as inadequately pleaded (CPLR 3016 [b]). The implied-in-fact and implied-in-law contract claims should be dismissed because of plaintiffs' failure to rebut defendants' prima facie showing that the allegedly...

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