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DERRINGER v. F.G.G. PRODS. INC.

Index No. 653264/18. Appeal No. 14152. Case No. 2020-04968.

196 A.D.3d 402 (2021)

146 N.Y.S.3d 777

2021 NY Slip Op 04187

Rick Derringer et al., Respondents-Appellants, v. F.G.G. Productions Inc. et al., Defendants, and Sony Music Holdings Inc., Appellant-Respondent.

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

Decided July 1, 2021.

Attorney(s) appearing for the Case

Loeb & Loeb LLP, New York ( C. Linna Chen of counsel), for appellant-respondent.

Anthony Motta , New York, for respondents-appellants.

Concur—Renwick, J.P., Gische, Oing, Mendez, JJ.

Plaintiffs do not contest that the applicable statute of limitations for the fourth cause of action, which seeks a declaration of copyright ownership, began to run against the FGG defendants in 1965 and against Sony in 1995 at the latest, in both cases decades before this action was commenced. Contrary to their contention, the doctrine of equitable estoppel does not bar defendants from asserting the statute of limitations defense...

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