Estate of Lazzarino v. Warner Bros. Entertainment Inc.

Appellate Division of the Supreme Court of New York

Estate of Lazzarino v. Warner Bros. Entertainment Inc.

118 A.D.3d 465, 986 N.Y.S.2d 483

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 2014

StatusPublished

This text of 118 A.D.3d 465 (Estate of Lazzarino v. Warner Bros. Entertainment Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Lazzarino v. Warner Bros. Entertainment Inc., 118 A.D.3d 465, 986 N.Y.S.2d 483 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 6, 2013, which, to the extent appealed from, denied plaintiffs 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 plaintiffs 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.E, Acosta, Saxe, Feinman and Gische, JJ.

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Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 6, 2013, which, to the extent appealed from, denied plaintiffs 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 plaintiffs 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.E, Acosta, Saxe, Feinman and Gische, JJ.

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Bluebook (online)

118 A.D.3d 465, 986 N.Y.S.2d 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-lazzarino-v-warner-bros-entertainment-inc-nyappdiv-2014.

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