Barry & Sons, Inc. v Instinct Prods. LLC
2005 NY Slip Op 00097
Decided on January 6, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on January 6, 2005
Andrias, J.P., Marlow, Sullivan, Ellerin, JJ.
4714

[*1]Barry & Sons, Inc., doing business as Blackground Records, Plaintiff-Respondent,

v

Instinct Productions LLC, Defendant-Appellant, Brent Coert, et al., Defendants.





Brown Gavalas & Fromm LLP, New York (David H. Fromm of
counsel), for appellant.
Nixon Peabody LLP, New York (Frank H. Penski of counsel),
for respondent.

Order, Supreme Court, New York County (Carol Edmead, J.), entered June 4, 2004, reversed, on the law, with costs and disbursements, and defendant-appellant's motion to dismiss the negligence claim against it granted. The Clerk is directed to enter judgment in favor of defendant Instinct Productions LLC dismissing the complaint as against it.

Opinion by Sullivan, J. All concur.

Order filed.