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GALE v. STALLONE

No. 91 Civ. 3467 (HB).

888 F.Supp. 603 (1995)

Sonny GALE, Plaintiff, v. Sylvester STALLONE, Tony Filiti, Hanson Galleries, Inc., d/b/a Hanson Art Galleries, Scott Hanson and Richard Natoli, Defendants.

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

June 19, 1995.

Attorney(s) appearing for the Case

Dennis H. Cavanaugh, Amster, Rothstein & Ebenstein, Marc Bernstein, Bernstein & Bernstein, Edward D. Fagan, Fagan & Associates, New York City, for plaintiff.

Clarence John Erickson, III, Soller, Shayne & Horn, New York City, for Hanson Galleries.

Clarence John Erickson, III, Soller, Shayne & Horn, New York City, Sanford M. Passman, Law Offices of Sanford M. Passman, Beverly Hills, CA, for Richard Natoli.

Philip R. Hoffman, Pryor Cashman Sherman & Flynn, New York City, James J. Binns, James J. Binns, P.A., Philadelphia, PA, for Sylvester Stallone.

Philip R. Hoffman, Pryor Cashman Sherman & Flynn, Clarence John Erickson, III, Soller Shayne & Horn, New York City, James J. Binns, James J. Binns, P.A., Philadelphia, PA, for Tony Filiti.

Clarence John Erickson, III, Soller, Shayne & Horn, New York City, for Scott Hanson and Hanson Galleries.

MEMORANDUM ORDER

BAER, District Judge.

Defendants Sylvester Stallone and Tony Filiti moved for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for granting summary judgment and dismissing plaintiff's amended complaint for, inter alia, breach of contract regarding the sale of three Stallone paintings. On June 8, 1995 this motion was taken on submission by agreement of the parties. For the reasons below, the motion is denied...

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