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LACOFF v. BUENA VISTA PUBL.

183 Misc.2d 600 (2000)

705 N.Y.S.2d 183

CHERYL R. LACOFF et al., Plaintiffs, v. BUENA VISTA PUBLISHING, INC., Doing Business as HYPERION, et al., Defendants.

Supreme Court, New York County.

January 28, 2000.

Attorney(s) appearing for the Case

Davis Wright Tremaine, L. L. P., New York City (Victor A. Kovner of counsel), for Buena Vista Publishing, Inc., defendant.

Squadron Ellenoff Plesent & Sheinfeld, L. L. P., New York City (Slade R. Metcalf of counsel), for Seth Godin Productions, Inc., defendant.

Camhy Carlinsky & Stein, L. L. P., New York City (G. Oliver Koppell of counsel), for Cheryl Lacoff and another, plaintiffs.

Beatie & Osborn, L. L. P., New York City (Eduard Korsinsky of counsel), for Marc Katz, individually and on behalf of all others similarly situated, plaintiff.

OPINION OF THE COURT

HERMAN CAHN, J.

Motion sequence numbers 002 and 003 are consolidated for disposition, and are disposed of in accordance with the following decision and order.

Defendants Buena Vista Publishing, Inc., doing business as Hyperion (Hyperion), and Seth Godin Productions, Inc. (SGP), move for an order, pursuant to CPLR 3211 (a) (1) and (7) and 3016 (b), dismissing the complaint, or, alternatively, for summary judgment, pursuant to...

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