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POWELL v. METRO ENTERTAINMENT

195 Misc.2d 847 (2003)

762 N.Y.S.2d 782

JEFFREY POWELL et al., Plaintiffs, v. METROPOLITAN ENTERTAINMENT CO., INC., et al., Defendants. LITTLE SWAMP, INC., et al., Third-Party Plaintiffs, v. SHOWCO, INC., Third-Party Defendant.

Supreme Court, New York County.

April 24, 2003.

Attorney(s) appearing for the Case

Ohrenstein & Brown, LLP (Allison A. Snyder of counsel), for Metropolitan Entertainment Co., Inc. and another, defendants.

Clausen Miller P.C. (Richard Brownell of counsel), for John Fogerty, defendant and third-party plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP (Jeremy Gittler of counsel), for ShowCo., Inc., third-party defendant.

Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP (Gary A. Lichtman of counsel), for plaintiffs.

OPINION OF THE COURT

MARTIN SCHOENFELD, J.

In this action plaintiff Jeffrey Powell alleges that loud music played by the rock and roll performer John Fogerty permanently damaged the hearing in plaintiff's left ear. The various defendant parties, who were involved one way or another in presenting the subject concert, now move and cross-move for summary judgment on a variety of grounds. For the reasons set forth herein, the motions and cross motion are granted...

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