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COLEMAN v. KIRBY

Index No. 650736/20. Appeal No. 14953. Case No. 2021-00661.

201 A.D.3d 402 (2022)

156 N.Y.S.3d 723

2022 NY Slip Op 00004

Bill Coleman, Appellant, v. Kierin Kirby, Professionally Known as Lady Miss Kier, et al., Respondents, et al., Defendant.

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

Decided January 4, 2022.

Attorney(s) appearing for the Case

Gusrae Kaplan Nusbaum PLLC, New York ( Kari Parks of counsel), for appellant.

Reitler Kailas & Rosenblatt LLP, New York ( Brian D. Caplan of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.

Supreme Court correctly dismissed plaintiff's claims for breach of the management agreement and breach of the co-management agreement. These agreements were separate contracts, as they had differing contracting parties, and the management agreement made no reference to plaintiff or the co-management agreement. Nor did defendants have a direct obligation to plaintiff under either agreement (see Rudman v Cowles Communications, 30 N.Y.2d 1...

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