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MONCADA v. RUBIN-SPANGLE GALLERY, INC.

No. 91 Civ. 7246(MEL).

835 F.Supp. 747 (1993)

Rene MONCADA, Plaintiff, v. RUBIN-SPANGLE GALLERY, INC., and Lynn Rubin, Defendants. RUBIN-SPANGLE GALLERY, INC., and Lynn Rubin, Third-Party Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY, Joseph Wasserstein, Wasserstein Bros., Inc., Leon Sadoff and Colvu East Enterprises, Inc., Third-Party Defendants.

United States District Court, S.D. New York.

November 4, 1993.

Attorney(s) appearing for the Case

Paul H. Appel, New York City, for plaintiff.

Roper, Barandes & Fertel, New York City (Barry R. Fertel, of counsel), for defendants and third-party plaintiffs.

Hayes & Ryan, New York City (Thomas D. Hughes, of counsel), for third-party defendant Aetna Cas. and Sur. Co.

LASKER, District Judge.

Rene Moncada, a visual artist, sues Rubin-Spangle Gallery, Inc. ("Gallery") and its proprietor Lynn Rubin ("Rubin") for an alleged violation of the Visual Artists Rights Act (17 U.S.C. § 106A), and for malicious assault, interference with copyright and conversion.

In turn, the Gallery and Rubin filed a third-party complaint naming, among others, Aetna Casualty and Surety Company ("Aetna"). The Gallery and Rubin claim that their...

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