HNH INTL., LTD. v. PRYOR CASHMAN SHERMAN & FLYNN LLP


63 A.D.3d 534 (2009)

881 N.Y.S.2d 86

HNH INTERNATIONAL, LTD., et al., Appellants, v. PRYOR CASHMAN SHERMAN & FLYNN LLP, Now Known as PRYOR CASHMAN LLP, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 18, 2009.


Plaintiffs allege that defendant, a law firm, incorrectly advised them concerning the early 20th century sound recordings they proposed to reengineer, remaster and distribute as CDs. After the CDs had been manufactured and distributed, plaintiffs were sued and found liable for common-law copyright infringement.

The court dismissed the legal malpractice complaint, pursuant to CPLR 3211 (a) (1), based on documentary evidence from which it concluded that the state of...

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