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BARRY & SONS v. INSTINCT PROD

5 Misc.3d 172 (2004)

783 N.Y.S.2d 225

BARRY & SONS, INC., Doing Business as BLACKGROUND RECORDS, Plaintiff, v. INSTINCT PRODUCTIONS LLC et al., Defendants.

Supreme Court, New York County.

May 24, 2004.

Attorney(s) appearing for the Case

Brown, Gavalas & Fromm, LLP, New York City (David H. Fromm of counsel), for Instinct Productions LLC, defendant.

Stewart, Occhipinti & Makow, LLP, New York City (Edward G. Williams of counsel), for plaintiff.

OPINION OF THE COURT

CAROL R. EDMEAD, J.

In this action for a declaratory judgment and for negligence, defendant Instinct Productions, LLC moves for an order pursuant to CPLR 3211 (a) (7), dismissing the complaint of plaintiff Barry & Sons, Inc., doing business as Blackground Records, Inc., in its entirety for failing to state a cause of action.

This case is the most recent lawsuit to arise from the tragic and untimely death of R&B vocalist...

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