| Estate of Lazzarino v Warner Bros. Entertainment Inc. |
| 2014 NY Slip Op 04075 [118 AD3d 465] |
| June 5, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Estate of Anthony Lazzarino, Deceased,
Appellant, v Warner Bros. Entertainment Inc. et al., Respondents, et al., Defendant. |
Law Office of Aaron Siri, New York (Aaron Siri of counsel), for appellant.
McGuireWoods LLP, New York (Marshall Beil of counsel), for respondents.
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 6, 2013, which, to the extent appealed from, denied plaintiff's motion to amend the complaint, unanimously affirmed, without costs.
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 AD3d 499, 500 [1st Dept 2010]). The agreement does not contemplate such a payment. Further, to the extent plaintiff asserted that Warner Brothers violated plaintiff's predecessor-in-interest's "right to match," the claim is barred by the statute of limitations (Lazzarino v Warner Bros. Entertainment, Inc., Sup Ct, NY County, Sept. 15, 2008, Fried, J., index No. 602029/05). Concur—Friedman, J.P., Acosta, Saxe, Feinman and Gische, JJ.