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SILVESTER v. TIME WARNER

1 Misc.3d 250 (2003)

763 N.Y.S.2d 912

TONY SILVESTER et al., Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. TIME WARNER, INC., et al., Defendants.

Supreme Court, New York County.

June 20, 2003.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City (Katherine B. Forrest of counsel), for Time Warner, Inc., defendant.

Pryor Pryor Cashman Sherman & Flynn, New York City (Andrew H. Bart and Suzan Arden of counsel), and Mitchell, Silberberg & Knupp, Los Angeles, California (Russell J. Frackman and Jeffrey D. Goldman of counsel), for Universal Music Group, Inc., defendant.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Jay Cohen of counsel), for Sony Music Entertainment, Inc., defendant.

Proskauer Rose LLP, New York City (Charles B. Ortner of counsel), for BMG Entertainment, Inc., defendant.

Wolf Haldenstein Adler Freeman & Herz LLP, New York City (Mark Rifkin and Fred Isquith of counsel), and Feldman & Rifkin, LLP, Jenkintown, Pennsylvania (Mark C. Rifkin of counsel), for plaintiffs.

OPINION OF THE COURT

HELEN E. FREEDMAN, J.

This is a motion pursuant to CPLR 3211 (a) (1), (2) and (7) to dismiss the complaint and the claims set forth therein based on documentary evidence and on jurisdictional and statutory grounds, including time limitations. As class representatives, plaintiffs seek to recover a share of the proceeds of defendants' successful prosecution of the RIAA v MP3.com...

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