BARRY & SONS, INC. v. INSTINCT PRODUCTIONS LLC


15 A.D.3d 62 (2005)

788 N.Y.S.2d 71

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

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

January 6, 2005.


Attorney(s) appearing for the Case

Brown Gavalas & Fromm LLP, New York City (David H. Fromm and Frank J. Rubino, Jr. of counsel), for appellant.

Nixon Peabody LLP, New York City (Frank H. Penski, Frank W. Ryan and Erika J. Duthiers of counsel), for respondent.

Andrias, J.P., Marlow and Ellerin, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J.

This is an appeal from an order sustaining the sufficiency of a complaint seeking damages for the destruction of a business agent's "principal asset," the rhythm and blues vocalist Aaliyah Dana Haughton, known professionally as Aaliyah, arising out of her death in an airplane accident, alleged to have been caused by defendant's negligence in arranging for her transportation from the filming of a music video.

Plaintiff...

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