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BOULE v. HUTTON

No. 97 Civ. 144(MGC).

320 F.Supp.2d 132 (2004)

Rene BOULE and Claude Boule, Plaintiffs, v. Ingrid HUTTON, Leonard Hutton Galleries, Inc., Mark Khidekel and Regina Khidekel, Defendants.

United States District Court, S.D. New York.

June 1, 2004.

Attorney(s) appearing for the Case

Katten Muchin Zavis Rosenman, New York, New York, By: Gerald A. Rosenberg, Stacey B. Creem, Ellen B. Unger, for Plaintiffs.

Sonnenschein Nath & Rosenthal LLP, New York, New York, By: Martin R. Gold, for Defendants Ingrid Hutton and the Leonard Hutton Galleries, Inc.

Anastasios Sarikas, Astoria, New York, By: Anastasios Sarikas, for Defendants Mark and Regina Khidekel.

OPINION

CEDARBAUM, District Judge.

The parties to this action dispute whether plaintiffs Claude and Rene Boule have proved the elements of their claims under N.Y. Gen. Bus. L. § 349 and their claims of common law unfair competition by business disparagement. These claims were dismissed after a bench trial, see Boule v. Hutton, 138 F.Supp.2d 491 (S.D.N.Y.2001), but remanded by the Second Circuit...

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