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KENYON & KENYON LLP v. SIGHTSOUND TECH., LLC

Index No. 650795/14. Appeal No. 15144. Case Nos. 2021-02120, 2021-02121.

202 A.D.3d 535 (2022)

163 N.Y.S.3d 510

2022 NY Slip Op 00969

Kenyon & Kenyon LLP, Appellant, v. SightSound Technologies, LLC, a Delaware Limited Liability Company, et al., Respondents.

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

Decided February 15, 2022.

Attorney(s) appearing for the Case

Ice Miller LLP, New York (Louis T. DeLucia of counsel), for appellant.

Robinson & Cole LLP, New Yok (Brian J. Wheelin of counsel), for Sightsound Technologies, LLC, DMT Licensing, LLC and General Electric Company, respondents.

Reiss Sheppe LLP, New York (Matthew Sheppe of counsel), for Sightsound Technologies Holdings, LLC, respondents.

Concur—Gische, J.P., Webber, Mendez, Rodriguez, Pitt, JJ.

This lawsuit concerns the issue of whether plaintiff, a law firm, subordinated its priority security lien in defendant SightSound's patented technology related to selling digital video and audio recordings electronically through the Internet. SightSound originally retained plaintiff to provide it with legal advice on protecting its intellectual property and to prosecute a case for patent infringement against N2K. By July 2001 SightSound had amassed a large debt to plaintiff...

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