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ESTATE OF LAZZARINO v. WARNER BROS. ENTERTAINMENT INC.

12695N, 602029/05.

118 A.D.3d 465 (2014)

986 N.Y.S.2d 483

2014 NY Slip Op 4075

ESTATE OF ANTHONY LAZZARINO, Deceased, Appellant, v. WARNER BROS. ENTERTAINMENT INC. et al., Respondents, et al., Defendant.

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

Decided June 5, 2014.

The court properly determined that the proposed breach of contract claim against the Warner Brothers defendants, asserting breach of an agreement to pay proceeds of a film made by a third party, is devoid of merit (see MBIA Ins. Corp. v Greystone & Co., Inc., 74 A.D.3d 499, 500 [1st Dept 2010]). The agreement does not contemplate such a payment. Further, to the extent plaintiff asserted that Warner Brothers violated plaintiff...

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