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BEHRENS v. METRO. OPERA ASSN.

18 A.D.3d 47 (2005)

794 N.Y.S.2d 301

HILDEGARD BEHRENS et al., Respondents, v. METROPOLITAN OPERA ASSOCIATION, INC., Appellant.

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

April 7, 2005.

Attorney(s) appearing for the Case

Chesney & Murphy, LLP, Baldwin (Marie I. Goutzounis of counsel), for appellant.

Bressler, Amery & Ross, P.C., New York City (Kenneth M. Moltner of counsel), for respondents.

BUCKLEY, P.J., MAZZARELLI, SULLIVAN and WILLIAMS, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

In this action for personal injuries by a professional singer, the issue to be decided is whether the injured plaintiff has standing to seek recovery for lost earnings and royalties, notwithstanding that all of her professional earnings are paid directly to her wholly-owned S-corporation, and not to her individually. We find that because plaintiff is suing to recover her lost earnings, not the corporation's lost profits...

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