BOONE ASSOCIATES, L.P. v. LEIBOVITZ


13 A.D.3d 267 (2004)

786 N.Y.S.2d 518

BOONE ASSOCIATES, L.P., Doing Business as THE MARY BOONE GALLERY, Appellant, v. ANNIE LEIBOVITZ, Respondent.

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

December 21, 2004.


Plaintiff seeks to enforce an oral contract entered into in August 1990 pursuant to which defendant agreed to take a series of photo portraits. All of the contractually contemplated portraits but the last were shot and delivered within a month of the contract. In October 2003, 13 years later, plaintiff commenced this action to compel defendant to take and deliver the final portrait due under the agreement or, alternatively, to recover damages for defendant's breach of that...

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